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Patent Ownership and No Opinion Judgments

Patently-O

Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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Indy’s Dive into Legal Waters: FullBeauty Brands, Inc. Faces Trademark Lawsuit over Swimwear

Indiana Intellectual Property Law

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®.

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. indicates that the design is not de jure functional. The Board found that JM4's design patents covered designs that were not identical to the proposed mark. "To

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses. For more details on the topic of design and the metaverse in China see our previous blog post. Ownership and Enforcement.

IP 109
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WIPIP, Concurrent Session #1, Design

43(B)log

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Almost all of these designs were abandoned/discontinued circa 1955, and only brought back after other people restored their popularity.

Designs 59
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Recent IP Tweets

LexBlog IP

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. — TTABlog (@TTABlog) December 17, 2021. — TTABlog (@TTABlog) December 15, 2021.

IP 52
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Pending patent legislation: 

Patently-O

2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle. Crapo, R-ID; and Sen. Leahy, D-VT). Sponsored by Sen. Leahy, D-VT and Sen. Tillis, R-NC).

Patent 55