Patent Trademark Blog

DECEMBER 7, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales. Design Patent vs. Utility Patent: Which IP makes sense for Amazon sales? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

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Design Patent Patent Designs Design 52

43(B)log

FEBRUARY 3, 2024

Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a design patent, would need to flip up and fry an egg. Herman Miller makes catalogs like coffee-table books, pushing the idea of the celebrity designer (even though they weren’t exclusive to Herman Miller).

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Designs Design Law Design Patent 59

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. Firstly, trademarks ensure brand exclusivity.

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Intellectual Property Cease and Desist Invention Branding 52

Patent Trademark Blog

DECEMBER 13, 2023

Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Need a useful patent that will actually stop competitors from taking your sales? Let’s tackle these questions.

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Design Patent Patent Designs Design 52

Patent Trademark Blog

NOVEMBER 16, 2023

How to escalate your Amazon patent violation case What are your options when Amazon does not take down the infringing listing in response to your patent violation report submission? On the Brand Registry dashboard, you may have the option to escalate the Amazon patent violation matter. For utility patents, you want APEX.

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Reporting Patent Design Patent Designs 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. WS has nine relevant design patents, which it alleged Wayfair infringed.

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False Advertising Advertising Advertising Designs 59

Biswajit Sarkar Copyright Blog

JULY 13, 2022

The ability of a company to create and capitalise on a distinctive brand to get the competitive edge necessary for success is at the core of the fashion industry, which goes beyond only clothing and accessories. Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands.

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Intellectual Property Branding Brands Branding 52

Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

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Design Patent Designs Design Registration 52

IP and Legal Filings

JUNE 8, 2022

Website Designs. The design created for your brand brings enormous value to the business. There is always the deleterious possibility of said design being attempted to be imitated or infringed upon. However, for the acquisition of the protection, it is mandatory to get your brand registered under the designs act.

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Registration Designs Design Intellectual Property 73

Art Law Journal

JUNE 30, 2022

Your Copy-Rights. For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Utility and Design Patents. How To Win Big In a Copyright Infringement Case.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. If you are in that situation, perhaps not all hope is gone.

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IP Patent Design Patent Artwork 75

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item.

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Intellectual Property Designs Design Artwork 59

SpicyIP

OCTOBER 27, 2023

Trademark infringement through misleading use of logos or branding: Dark patterns might involve the deceptive use of logos, brand names, or trademarks to mislead users into making purchases or signing up for services they didn’t intend to.

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Intellectual Property False Advertising Designs Design 52

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

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Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

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Intellectual Property Design Patent Designs Design 52

LexBlog IP

MAY 8, 2023

Note any elements of the game that are particularly new and creative or representative of your brand. Design patent filing – U.S. and abroad: If you have a character with a distinctive shape, consider filing for design patents to give you a broader IP portfolio to enforce.

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Intellectual Property Cease and Desist IP Litigation 52

LexBlog IP

SEPTEMBER 27, 2021

Varsity Brands, Inc., ” 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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Designs Design Copyright Artistic Work 52

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. Are Amazon sellers using a similar brand or product name? In particular, you can file a petition to speed up your trademark application and submit a copy of the C&D letter to the USPTO.

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Cease and Desist IP Trademark Registration 52

Art Law Journal

JUNE 30, 2022

Your Copy-Rights. For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Utility and Design Patents. How To Win Big In a Copyright Infringement Case.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. If the Mona Lisa were still under copyright, copying it directly would be an infringement, but anyone could paint a slightly smiling woman in black. What Is a Trademark?

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Intellectual Property Trademark Copyright Patent 52

Patent Trademark Blog

MARCH 18, 2022

Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. When consumers see a particular brand, the mark tells them that the product comes from a particular company. Customers might expect to pay more, or less, depending upon the brand of the product.

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Intellectual Property IP Confidentiality Patent Application 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

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Intellectual Property Design Patent Designs Design 40

SpicyIP

JANUARY 23, 2023

Delhi High Court clarifies that difference in brand name cannot be a defense against prior publication of the suit design. Case: Novamax Industries Llp vs Prem Appliances & Anr. On this the court observed that “ The brand name of the cooler is, in fact, really irrelevant.

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Designs Design Invention Registration 105

LexBlog IP

DECEMBER 6, 2021

Jump To: Trademark Protection for Branding. Trademark Protection for Branding. However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product. In the software industry, protecting your brand is just as crucial as protecting your product or service.

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Intellectual Property Patent Application Invention Branding 52

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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Designs Design Copyright Artistic Work 52

43(B)log

FEBRUARY 23, 2024

That can have problems, but a whole bunch of marks that are extraordinarily narrow/cast no shadow and are only going to be applied against identical copying doesn’t necessarily create a terrible system, especially under conditions of congestion. We might see a separation of TM function of TMs and the brand loyalty function of handbags.

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Registration Branding Brands Branding 59

Patent Trademark Blog

AUGUST 18, 2021

What are bad reasons for not filing a patent? Many common misconceptions surrounding patents may also lead to poor choices in declining patent protection. Now that we’ve uncovered some poor reasons for making patent decisions, let’s explore good reasons for deciding whether or not to file a patent application.

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Patent Application Patent Design Patent IP 40

SpicyIP

FEBRUARY 13, 2023

The court clarified that for this defence, enshrined u/s 19 and 22(3), to work, “ the lack of novelty or originality has to be seen as on the date when the design was registered. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details. Case: Louis Vuitton Malletier vs Capital General Store & Ors.

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Designs Design Trademark Cease and Desist 52

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Social movements brought down brands that TM law couldn’t.

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IP Licensing Law Reporting 90

Garrigues Blog

JUNE 1, 2021

The practical application of artificial intelligence in fields such as artistic creation or innovation poses a whole range of brand new challenges for IP. My product was copied and I haven’t registered it. Artificial intelligence pushes the boundaries of intellectual property. is there anything I can do?

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Blogging IP Advertising Advertising 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

JUNE 9, 2022

There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes.

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Registration Designs Design Trademark 64

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It has been debated whether NFTs/DC could be protected in China by design patents. Article 10.1

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IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

JUNE 24, 2022

A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). Typically D argues that I’m using the term in mere advertising copy/not in a TM space. It’s text and not design so we don’t call it ornamentality.

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Trademark Law Law Trademark Fair Use 56