Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Swisa, Inc. , 3d 665 (Fed.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

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JD Supra Law

AUGUST 30, 2021

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. when a jury considered, among other things, whether a trademark's appearance and…. That changed on August 6, 2021, in Columbia Sportswear North America, Inc.

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Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. PUMA applied for a Federal Trademark registration under Application Serial No. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No.

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LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. Seirus Innovative Accessories, Inc.

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IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

We are pleased that Seirus prevailed against Columbia’s claims of patent infringement,” said Christopher Marchese , trial counsel for Seirus and a principal in Fish’s Southern California office. The remaining questions for trial were liability and damages based on the utility patents and damages for the design patent.

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Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? So you’ve created a new product.

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Patent Trademark Blog

DECEMBER 5, 2023

Whether you are the patent owner or an Amazon seller selling me-too products, you must keep a close watch on whether any sales on the e-commerce platform are infringing any patents. Even simple products can infringe design patents. Need to fight an Amazon neutral patent evaluation case?

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. When your product contains unique functional features, apply for a utility patent. If your product has unique aesthetic features that are nonfunctional, file a design patent application. See utility patent costs here and design patent costs here.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. I covered this topic in more details in a previous blog ( here ).

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? What is a Trademark? Patents expire after a set term; trademarks can be renewed indefinitely.

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Patent Trademark Blog

JANUARY 25, 2024

How do you enforce your patents effectively to stop Amazon sellers from copying your product? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. A Patent Owner may submit a maximum of 20 ASIN numbers in an evaluation. APEX is for utility patents.

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Patent Trademark Blog

DECEMBER 7, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales. Design Patent vs. Utility Patent: Which IP makes sense for Amazon sales? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

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LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. I covered this topic in more details in a previous blog ( here ).

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Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012.

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Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Doing so will enable you to file foreign patents if you choose.

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Patent Trademark Blog

FEBRUARY 15, 2024

What is utility patent infringement? When it comes to utility patents, what modifications would help your products avoid infringement? Let’s delve into how to win the noninfringement argument for utility patents. For design patents, see my post on design patent infringement.

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Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Register your trademarks to block the sale of competing goods that use a similar name or logo. Is it fake? If so, it might be a counterfeit.

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Patent Trademark Blog

NOVEMBER 16, 2023

You need to login to your Brand Registry account and submit the proper request to escalate your patent infringement case. Make sure you specify that your patent is a utility or design patent. What if your patent escalation request is rejected? For utility patents, you want APEX.

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Patent Trademark Blog

JUNE 15, 2023

Would a design patent be worth your money and time? So far, most of the considerations above relate to utility patents. The cost to obtain a design patent is typically a fraction of what it costs to get a utility patent. The post Is a Patent Worth Your Money and Time?

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Patent Trademark Blog

APRIL 27, 2023

Nowadays, you do not necessarily need to have a trademark registered in order to apply for the Brand Registry. A pending trademark application filed with the USPTO may suffice. What types of patents are eligible for Amazon APEX? The APEX program works for utility patents only. Where do you start?

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Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Fish & Richardson obtained an initial determination at the International Trade Commission (ITC) recommending a general exclusion order for client Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products. 8,726,528 (“the ’528 Patent”) and U.S.

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LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. At bottom are two annotated versions of a figure from U.S.

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LexBlog IP

MARCH 3, 2023

In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. Skull Shaver LLC.

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Patent Trademark Blog

MAY 31, 2023

Would it make sense to send them a trademark infringement letter. Underneath the obvious intentions of stopping infringement, a C&D letter might serve further strategic purposes. Let’s uncover apparent and ulterior purposes behind infringement notices so that you can make better decisions in dealing with such letters.

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LexBlog IP

MARCH 6, 2023

1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. The Court found the patented design was for a product traditionally used with tobacco even though it could be used with cannabis. Patent No. 23, 2022). [1]

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SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

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Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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