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Copyrightability Of Designer Clothes And Costumes

IP and Legal Filings

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

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. 2008) (en banc) and Gorham Co. Patent D657,093. Swisa, Inc. ,

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Conundrum behind registrability of GUIs as industrial designs in India

LexBlog IP

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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A table and a table coaster that shaped EU design law

The IPKat

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts

SpicyIP

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

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