article thumbnail

TTAB Quarterly Index: January - March 2024

The TTABlog

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Welch 2024.

Designs 57
article thumbnail

Other Barks and Bites, January 5, 2024: USPTO Leadership Changes, Electronic Correction Certificates, Design Patent Bar Open for Applicants

IP Watchdog

In other barks and bites for the first week of 2024, there were several updates from the U.S. Court of Appeals for the Federal Circuit decision invalidating alternative sweetener patent claims and a precedential designation from the Trademark Trial and Appeal Board.

Designs 64
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

New USPTO Design Patent “Bar” to be Created in 2024

LexBlog IP

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

article thumbnail

‘Where Are the Designers on This?’: Some Post-Argument Thoughts on LKQ v. GM

IP Watchdog

On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Listening to the argument, it became instantly clear that the designer’s voice was missing from the arguments of both parties.

Designs 59
article thumbnail

Another “brick” in Lego’s modular systems design protection

The IPKat

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. Delta appealed. Lego appealed.

Designs 70
article thumbnail

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. Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? Must the comparison prior art be the “same article” as claimed? 511 (1871).

article thumbnail

Public Domain Day 2024 is Coming: Here’s What to Know

Copyright Lately

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. I’ve listed dozens of other notable works entering the public domain at the end of this article. copyright terms.