LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. 17, 2023) (emphasis added). ” 80 Fed. .”

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Patent Trademark Blog

JULY 13, 2023

Can you copyright product designs and shapes? Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both. Can you copyright 2-dimensional design? Can you copyright a useful product or certain features of useful articles?

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LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. Seirus Innovative Accessories, Inc.

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LexBlog IP

MARCH 10, 2024

36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. 4/2012) in the UAE.

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The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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IP Watchdog

JUNE 30, 2023

Court of Appeals for the Federal Circuit (CAFC) has granted a rare en banc review of its January, 2023, decision in LKQ Corporation v. Patent D855,508 covers a “vehicle front skid bar.”

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IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

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IP Watchdog

DECEMBER 27, 2023

The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. The full implications of this are explored here. Beyond the UP and UPC, however, there were a number of.

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SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

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Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. You can read the previous round-ups here.

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 15, 2023) , the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of design patent cases.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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JD Supra Law

SEPTEMBER 22, 2023

DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. Precedential and Key Federal Circuit Opinions - NETFLIX, INC. The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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The TTABlog

MAY 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. May 2, 2023 - 2 PM [In-person]: In re Puma SE , Serial No. May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc.

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LexBlog IP

JANUARY 18, 2023

Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v. and Curver Luxembourg, SARL, v.

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The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. So it all boiled down to the marks.

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IP Watchdog

AUGUST 30, 2023

Court of Appeals for the Federal Circuit (CAFC) in a rare en banc review of the court’s January, 2023, decision in LKQ Corporation v. That decision affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious.

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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. If so, what should that entail?

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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. In June of this year, the CAFC granted a rare en banc review of its January, 2023, decision in LKQ Corporation v.

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LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

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The IPKat

OCTOBER 27, 2023

In a recent decision ( R 872/2023-4 ), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character required for it to be protected (..)

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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IP Watchdog

APRIL 12, 2023

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. In order to faciliate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.

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IP Watchdog

MAY 21, 2023

The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. In order to faciliate such preparation, we have been providing a series of articles that will deal with the most important aspects of the UPC. No doubt, the UPC will become a game changer requiring diligent planning and preparation.

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Velocity of Content

DECEMBER 24, 2023

In the final weeks of 2023, Velocity of Content is looking back at the past twelve months of programs. A scientific article appearing in the digital age of 2023 is largely unchanged in form and format from generations of ancestors. As 2023 closes, pandemic restrictions have lifted, and urban centers are mostly free of protests.

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IPilogue

JULY 20, 2022

Alexandra Mogyoros , Assistant Professor at Lincoln Alexander School of Law at Toronto Metropolitan University, is also joining the ranks as a book review editor.? The IPJ is Canada’s leading peer-reviewed journal with a focus on IP law related areas such as patents, trademarks, copyright, designs, trade secrets and competitive torts.

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The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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LexBlog IP

FEBRUARY 22, 2023

A recent Trademark Trial and Appeal Board (TTAB) decision is noteworthy for the lighting-design industry. This trademark application rejection sheds light on strategies for lighting designers seeking to protect their trademarks. Read the full article here. This begins with the approach to the application process itself.

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IP Watchdog

MAY 3, 2023

The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade.

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IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Latinfood won summary judgment on the claim under Article 7, whose sole remedy is to grant priority.

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IP Watchdog

MAY 31, 2023

The Court opens its doors tomorrow, June 1, 2023. In the past four articles, we have aimed to dispel myths about some of the key aspects of the UPC. Part 1 focused on the designated UPC judges, Part 2 on the timelines, Part 3 on the remedies that are available at the UPC and finally Part 4 on the financial aspects of the UPC.

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Velocity of Content

MAY 30, 2023

This article originally appeared in The Scholarly Kitchen The Scholarly Kitchen Editor’s Note: Today’s post is by Jamie Carmichael, Jessica Thibodeau, and Chef Roy Kaufman. The result is an interactive report of the research lifecycle designed to offer everyone a deeper understanding of the state of scholarly metadata in 2023.

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The IPKat

JUNE 21, 2023

i) Pursuant to the general rule in Article 4 of Regulation (EU) No 1215/2012 , an Italian court has no jurisdiction over claims brought against German companies established in Germany. The Supreme Court set the following principles. (i) 4884 Italian Supreme Court).

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