Patently-O

OCTOBER 18, 2021

Substantial changes to the IPR system to favor the patent challenger. 2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle. 2891 – Restoring the America Invents Act.

Patent 55

Patent Ownership Settlement Branding 55

IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use.

Designs 52

Designs Design Design Patent Branding 52

IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use.

Designs 52

Designs Design Design Patent Branding 52

IP Close Up

FEBRUARY 13, 2024

design patent grants almost tripled. Between 2005 and 2020 the number of U.S. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent 77

Design Patent Designs Design IP 77

Patently-O

DECEMBER 28, 2022

The company also owns a design patent covering the product. The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). Federal Court.

Editing 71

Editing Law Intellectual Property Branding 71

Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

Patent Application 40

Patent Application Patent Design Patent IP 40

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. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 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. The firm also ranks No.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. You may be wondering why bother getting a patent if it’s too expensive to enforce it. You may be wondering why bother getting a patent if it’s too expensive to enforce it.

Intellectual Property 52

Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Patent Trademark Blog

MAY 31, 2023

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? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? In declaratory judgment litigation, the positions are reversed.

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Design Patent (overall design; partial claiming).

Designs 52

Designs Design Trademark Intellectual Property 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.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

LexBlog IP

FEBRUARY 16, 2022

The artist in the Hermes lawsuit branded his images MetaBirkins and is attempting to sell them on various internet sites using MetaBirkins as a brand name. Second, be on the lookout for competitors and opportunists knocking off your design patents, goods, and services, or causing consumer confusion.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Other Posts COVID-19 Vaccine Patent Infringement?

Designs 105

Designs Design Invention Registration 105

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

43(B)log

FEBRUARY 23, 2024

IP Australia also regulates patent & TM attorneys through professional standards board domination. Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. The business of the PTO is granting patents/TM.

Registration 59

Registration Branding Brands Branding 59

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

FEBRUARY 25, 2022

Further, the world of digital art itself is so immensely entangled that recreations of designs and products that are protected under IP rights often go unnoticed. NFTs are surely the future of blockchain asset movement but stepping into this realm without critically analysing the IP implications can attract a sticky wave of litigation.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

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. Nominal damages are often a species of general damages.

IP 90

IP Licensing Law Reporting 90

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. Maybe this is all really about lawyers and not brands.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. Also relevant to some patent doctrines (sorry). independent invention).

IP 45

IP Invention Designs Design 45

43(B)log

JUNE 24, 2022

Defendant-side functionality would almost qualify as a thought experiment to test what we really want functionality and ornamentality to do, except for the fact that it’s shown up at least twice at courts of appeals (Louboutin and Lettuce Turnip the Beet) both of which lacked rigorous language to identify the real problem with the litigation.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56