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. 21, 2024) (question paraphrased).

Design Patent 68

Design Patent Art Designs Design 68

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

Design Patent 52

Design Patent Designs Design Patent 52

The TTABlog

MARCH 2, 2022

Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. TTABlogger comment: I am of the view that "Tinker Bell" and other public domain character names are generic for dolls depicting the characters.

Public Domain 72

Public Domain Designs Design Registration 72

Patently-O

FEBRUARY 5, 2024

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” John Deere Co. of Kansas City , 383 U.S. 1, 5–6 (1966).

Law 45

Law Public Domain Design Patent Invention 45

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. Dawgs’ (“Dawgs”) counterclaim for false advertising under the Lanham Act. Crocs largely prevailed in those actions. 1125(a)(1)(B) (Section 43 of the Lanham Act).

False Advertising 114

False Advertising Advertising Advertising Patent 114

Art Law Journal

JUNE 30, 2022

For those looking to find copyright-free works to use, one rule of thumb is that any work created prior to 1924, no longer has copyright protection (in the public domain). Utility and Design Patents. Patents are probably the most confusing aspect of intellectual property, and justifiably so. Design patents.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

For those looking to find copyright-free works to use, one rule of thumb is that any work created prior to 1924 no longer has copyright protection (in the public domain). Utility and Design Patents. Patents are one of the most confusing types of IP law, and justifiably so. Design patents.

Intellectual Property 52

Intellectual Property IP Invention Designs 52