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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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

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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

IPilogue

DECEMBER 21, 2021

Intellectual property law truly is incorporated in every aspect of society and the issue of lacking creativity in designing sports bras and leggings only reassures that statement. Peloton seeks a court declaration that its new clothing design does not infringe on Lululemon’s design patent.

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Patent Intellectual Property Law Designs Design 106

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are many more provisions other than those that safeguard the design rights.

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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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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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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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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark. That’s understandable.

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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.

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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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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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SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

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More Than Your Mark

AUGUST 27, 2021

Here’s an easy guide to understanding the differences between copyright, patent, and trademark. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. What Is a Copyright? What Is a Trademark?

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Intellectual Property Trademark Copyright Patent 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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LexBlog IP

MAY 8, 2023

Note any elements of the game that are particularly new and creative or representative of your brand. and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. Let the infringers know they’re wasting their money by copying your IP.

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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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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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SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details.

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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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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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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.

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. The claim is that coming from certain retailers = authenticity.

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Designs Design Design Patent Branding 59

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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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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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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43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. What if rules are largely written by the regulated parties? Was more heavily used 1999-2003.

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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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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.

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Technology Patent IP Invention 52

LexBlog IP

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.

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IP Ownership Non-Fungible Tokens Copyright Law 52

Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? 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? So you’ve created a new product.

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LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. Novartis patent set aside on procedural grounds by Delhi High Court. Case: Kabushiki Kaisha Toshiba vs Asstt.

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Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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Intellectual Property Design Patent Designs Design 40

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Every figurative TM will be protected by ©/design, built into the system. Grimaldi are trending in that direction.]

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