IP Law 360

JUNE 30, 2023

The full Federal Circuit agreed Friday to review whether tests for proving that a design patent is obvious have been overruled by U.S. Supreme Court precedent, taking up a dispute involving a General Motors unit in the court's first en banc review of a patent case since 2017.

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IP Law 360

FEBRUARY 9, 2022

The Third Circuit on Wednesday backed a lower court decision tossing FastShip LLC's 2017 trade secrets lawsuit against Lockheed Martin as filed one year too late, pointing to a 2010 memo from the ship design company's founder recognizing it had potential claims against the defense contractor.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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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. Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017.

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JD Supra Law

MARCH 7, 2022

the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). 2021 was no different with 254 new design patent cases filed. Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the

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LexBlog IP

SEPTEMBER 27, 2021

Ct 1002, 1007 (2017). ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v.

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Indiana Intellectual Property Law

JUNE 17, 2022

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures.

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The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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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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The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

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JD Supra Law

SEPTEMBER 2, 2022

6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. Plastic Indus. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept.

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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 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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Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. I’ve blogged this case three times before, in 2017 , 2018 and 2020. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design.

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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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The IPKat

OCTOBER 30, 2022

Kat readers interested in EU design law likely remember the textbook case concerning the validity of a design for a shower drain. This case, which reached the Court of Justice (CJEU ) in 2017, discussed whether the same public shall be considered when examining novelty, and individual character a design, respectively.

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Garrigues Blog

NOVEMBER 11, 2021

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

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IP Watchdog

AUGUST 2, 2021

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.

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LexBlog IP

AUGUST 15, 2022

In 2017, the County of Orange, a political subdivision in the state of California, applied for trademark registration of a circular and badge design shown below. The TTAB held that it was irrelevant that the circular design was not an official seal approved by the Board of Supervisors. .” Source: Op. 2 Source: Op.

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IP Watchdog

JANUARY 17, 2022

filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively. Applicant U.S. Software Inc.

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Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

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SpicyIP

OCTOBER 20, 2023

Image by Freepik A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline (..)

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TorrentFreak

JANUARY 15, 2024

A private prosecution brought by the Federation Against Copyright Theft alleged that Longbottom’s operation ran from August 2015 to May 2017. Caravan Static, Longbottom On the Move Officers from Greater Manchester Police raided Longbottom’s caravan in January 2017, but the entrepreneur wasn’t home, or even in the UK.

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SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier , CGPDTM has invited comments from the interested stakeholders by October 15, 2023.

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Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

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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

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Patently-O

FEBRUARY 3, 2023

The phrase comes from Lizzo’s 2017 song Truth Hurts (remade in 2019) that has become a viral sleeper hit. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. The original line in the song is “I just took a DNA test, turns out I’m 100% that b h.”

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The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek.

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The IPKat

FEBRUARY 29, 2024

Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. The court then dismissed the application for revocation on the grounds of non-use within the meaning of Articles 18 and 58(a) EUTMR 2017/1001. A Kat on a monster-truck Facts Feld Motor Sports Inc.

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The IPKat

JUNE 12, 2022

The analysis covers the years 2014 to 2016 and 2017 to 2019. The report measured an industry’s usage of patents, trade marks, and designs, and normalised based on total employment in that industry. of industries for designs, compared to 55% for patents.

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JD Supra Law

AUGUST 30, 2021

Strikingly, the number of post-grant challenges against biologics patents has precipitously dropped since reaching a peak in 2017. On the legislative front, two members of the House of Representatives proposed a bill designed to decrease drug costs. By: Morgan Lewis

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Indiana Intellectual Property Law

JANUARY 26, 2024

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com.

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Copyright Infringement Copyright Designs Design 52

Plagiarism Today

OCTOBER 24, 2022

Brophy filed the lawsuit alleging that Cardi B’s designer used an image of his back tattoos on the cover of her mixtape. He claimed that the designer simply searched for an image of back tattoos, found his image, and superimposed the pattern on another person.

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Music Plagiarism Copyright Licensing 168

Indiana Intellectual Property Law

DECEMBER 5, 2022

Elkhart, Indiana – Phoenix USA RV, Inc. , (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States. In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper. They left the company and started Hoosier Custom Cruisers LLC.

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The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. 50 of 24.4.2017).

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LexBlog IP

OCTOBER 11, 2023

FDA grants interchangeable designation to Pfizer’s adaliumumab biosimilar – On October 5, 2023, Pfizer Inc. Food and Drug Administration (FDA) has designated ABRILADA (adalimumab-afzb) as an interchangeable biosimilar to HUMIRA (adalimumab). announced that the U.S. ml dose and a 20 mg/0.2 ml dose.

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