JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

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Patently-O

SEPTEMBER 17, 2023

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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Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. The USPTO is publishing this proposal in the Federal Register on May 16, 2023 (link below to the prepub).

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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. Federal Circuit’s 2023 Decision. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. 3d 665 (Fed.

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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. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

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JD Supra Law

NOVEMBER 20, 2023

Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces.

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JD Supra Law

SEPTEMBER 29, 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. In this issue: - FTC Guidelines Influence How Influencers Influence - How Design Patents Can Complement Brands' Trademark Portfolios. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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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.

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LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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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.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

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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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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. 88941388 (May 22, 2023) [not precedential] (Opinion by Judge Thomas W. indicates that the design is not de jure functional.'" Wellington).

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JD Supra Law

JUNE 27, 2023

On June 5, 2023, Judge Engelmayer (S.D.N.Y.) Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. dismissed Plaintiffs' infringement claims against Defendants. After the U.S.

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LexBlog IP

JUNE 29, 2023

.” The article was authored by the AIPLA’s Augmented Reality(AR) / Virtual Reality(VR) subcommittee, which I had the honor of co-leading with Barrett Spraggins in 2022 (and continue to co-lead in 2023). The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

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SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. DB order) to reiterate that one registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity between the competing marks (para.

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The TTABlog

SEPTEMBER 15, 2023

88737597 (September 12, 2023) [not precedential] (Opinion by Judge Thomas W. As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. In other words, the design is not 'essential to the use or purpose' of the polishing pads." Wellington).

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SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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SpicyIP

JUNE 17, 2023

Readers may recall that in May 2023, Niyati posted on the official announcement to hold “Open House Sessions” on weekdays from 4:30 PM to 5:30 PM, to “address grievances/suggestions on issues related to Intellectual Property Rights.” He shares a keen interest in Patent related issues and wishes to discover more in the field of IP.

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K.

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SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K.

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LexBlog IP

MARCH 3, 2023

In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. Skull Shaver LLC. 5-7 below).

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

Canada remains an important jurisdiction in North America for IP filings and is further reinforced by rapid population growth, surpassing the 40 million mark in 2023. Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees.

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SpicyIP

OCTOBER 23, 2023

Highlights of the Week Deadline to File Comments/ Suggestions on IP Manuals Extended till November 15, 2023 Image by Freepik The CGPDTM has extended the deadline to file comments/ suggestions on IP Manuals and Guidelines to November 15. Chancery Pavilion v. In their co-authored post, Sidhi, Praharsh and Swaraj write on this order.

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Patent Trademark Blog

JANUARY 12, 2023

How many patents have I obtained for clients? As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. They can still practice trademark or copyright law.

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LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. on Amazon or elsewhere) or otherwise publicizing the product.

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The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Chapter 2, authored by David Musker, considers the overlaps between patents and designs.

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LexBlog IP

NOVEMBER 17, 2022

On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). Request 3 : Possible Creation of a Separate Design Patent Practitioner Bar. ” [1].

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