Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

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Designs Design Cease and Desist Design Patent 74

The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

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Designs Design Intellectual Property Social Media 128

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2

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Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What are the laws covering those designs for which I cannot get permission? That depends on these factors: Do you need permission?

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Patently-O

JANUARY 13, 2023

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. 161, 219–20 (2015) (footnotes omitted).

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IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office Director Kathi Vidal designated new precedent Wednesday that post-America Invents Act patents don't have to worry about a Federal Circuit ruling regarding the relationship between priority applications and follow-up applications in prior art analysis.

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The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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SpicyIP

JULY 28, 2021

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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Designs Design Intellectual Property Editing 124

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

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Designs Design Art Registration 91

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. If so, what should that entail?

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Designs Design Law Trademark 70

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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JD Supra Law

FEBRUARY 21, 2024

IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under AIA § 102) The Director designated as precedential a final written decision holding that, for AIA patents, an analysis under Dynamic Drinkware v. 2015) is not required for determining whether a reference patent is prior art.

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Art Designs Design Patent 63

The IPKat

FEBRUARY 3, 2024

Trade Marks and Designs Anna Maria Stein commented the latest decision ( T-537/22 ) about the validity of Lego's registered Community design for “Building blocks from a toy building set”. Alessandro Cerri discussed the recent CJEU decision on the scope of the referential use exception as amended by the 2015 Trade Mark Directive.

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Designs Design Marketing Marketing 67

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . A decision in 2015 concerned the definition of “public” in the act of communication.

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Law Copyright Copyright Infringement Television 52

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

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Designs Design Registration Copying 52

Plagiarism Today

NOVEMBER 16, 2022

The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online. 2: Ruling Opens the Door to Protecting Room Design Under the Copyright Act. The case was brought by LDC Hotels & Resorts against Sheraton Taitung Hotel.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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Designs Design Design Patent Advertising 52

LexBlog IP

OCTOBER 20, 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

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Designs Design Design Patent Intellectual Property 52

The IPKat

APRIL 2, 2024

Marcel Pemsel discussed the decisions on the validity of the trade mark applications, filed in 2015, that include the geographical name 'COMPTON'. Whilst this Kat would have assumed that the name of the city was widely known ever since N.W.A.'s

Intellectual Property 57

Intellectual Property Social Media Invention Copyright 57

SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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IP Patent Prosecution Designs Design 110

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

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Designs Design Art Marketing 67

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 49

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.

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Designs Design Copyright Design Patent 75

The IPKat

FEBRUARY 21, 2022

The Patent Box was introduced in Italy in 2015. In a nutshell, the previous system provided for an increased exemption of 50% of the income deriving from the economic exploitation of intangible assets (in 2015 the percentage of exemption was 30%, in 2016 40%).

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Designs Design Patent IP 70

JD Supra Law

NOVEMBER 16, 2023

Patent Office designated the final written decision in Penumbra, Inc. 2015), that under pre-AIA 35 U.S.C. § Today, the Director of the U.S. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) precedential as to section II.E.3. In that section, the Board found that the holding in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc.,

Art 61

Art Patent Designs Design 61

Plagiarism Today

APRIL 25, 2022

Finally today, Jennifer Edwards Baker at Fox19 reports that, in Ohio, the Goshen Township police have been hit with a copyright infringement lawsuit over the design of their police badge. The lawsuit was filed by Louis Kohus, who claims to have designed some eight drafts of the badge for the department in 2015.

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Copyright Infringement Plagiarism Designs Design 195

IP Watchdog

DECEMBER 6, 2023

2015), do not apply for post-America Invents Act (AIA) patents. Patent and Trademark Office (USPTO) Director Kathi Vidal designated the Penumbra decision precedential. The Board held that the requirements of the Federal Circuit’s decision in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 3d 1375 (Fed. On November 15, 2023, U.S

Art 52

Art Patent Invention Designs 52

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

Registration 40

Registration Designs Design Copying 40

The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. And so, the Board sustained the opposition. Welch 2022.

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Designs Design Registration Licensing 45

Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years. Patent Nos.

Patent Infringement 52

Patent Infringement Design Patent Patent Designs 52

The IP Law Blog

SEPTEMBER 16, 2021

This dispute arises out of a 2015 transaction between the league and an entity formed to become the San Diego Gulls hockey team, which included the assignment of certain trademarks, including a logo, to the team. The court did not find anything ambiguous about the 2015 assignment agreement. What’s missing here?

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Social Media IP Intellectual Property Artwork 98

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., 2015-29921 ). Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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IP Branding Brands Branding 59

TorrentFreak

SEPTEMBER 8, 2021

In 2015, The Publishers Association, a UK organization supporting members producing digital and print books, research journals and educational resources, broke new ground by becoming the first entity in the UK to use Section 97A of the Copyright, Designs and Patents Act 1988 to obtain blocking measures.

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Patently-O

FEBRUARY 10, 2022

2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. Here, apparently the patentee provided substantial evidence that the multi-year process of designs, simulations, test, reworking, sampling, pricing, etc., by Dennis Crouch.

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Patent Contracts Invention Designs 126

The TTABlog

NOVEMBER 21, 2022

The Board noted that the parties ignored conflict-of-laws principles, and so it "deemed their arguments as manifesting their assent that we may interpret the 2015 Contract as if it were governed by United States contract law principles."

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Contracts Designs Design Registration 52

LexBlog IP

NOVEMBER 15, 2023

The PTAB designated Section II.E.3 Claim-Based Analysis Required for Pre-AIA Patents Only One of the more confusing developments in patent law was pronounced in Dynamic Drinkware v. Nat’l Graphics, Inc. , 3d 1375, 1378 (Fed. 3 of Penumbra, Inc. RapidPulse, Inc. 35 U.S.C. § § 102(d)(2).

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