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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Design Patent Patent Infringement Designs Design 72

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Section 4.4.2

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Design Patent Designs Design Patent 57

JD Supra Law

NOVEMBER 7, 2022

Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.” Please see full article below for more information.

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Design Patent Designs Design Patent 52

Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Trademark Intellectual Property Branding Brands 52

LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China.

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Design Patent Designs Design Patent 52

LexBlog IP

OCTOBER 3, 2023

Trademark Protection for Board Games by Yuri L. Eliezer.block-content { padding-top: 12px; background-ffffff; background-image: none; } Trademark Protection for Board Games: Unlock the Potential of Trade Dress for Your Board Game Table of Contents: What is Trade Dress Protection? It serves as a powerful tool for brand recognition.

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IP Law 360

MAY 15, 2024

Cozy Comfort, maker of the Comfy sweatshirt featured on "Shark Tank," has asked for nearly $2 million in fees — and about $8 million in additional interest — in a suit where a jury found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks.

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Design Patent Branding Brands Branding 52

JD Supra Law

SEPTEMBER 29, 2023

This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design patent protection as a companion to trademark protection, specifically in the context of trade dress and graphical user interface designs. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Marketing Marketing Design Patent Designs 84

IP Law 360

APRIL 29, 2024

A federal jury in Phoenix has found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks of two brothers who sell the "Comfy" sweatshirt that was featured in an episode of "Shark Tank."

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Design Patent Branding Brands Branding 52

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

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Indiana Intellectual Property Law

AUGUST 9, 2022

is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue. PUMA applied for a Federal Trademark registration under Application Serial No. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No.

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Patent Infringement Cease and Desist Trademark Design Patent 52

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

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Business Contracts Branding Brands 131

Patent Trademark Blog

MAY 16, 2024

Though there is nothing wrong that, recognize that certain patents would not fit trendy products that will quickly fall out of style. With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product.

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Design Patent Patent Patent Application Designs 52

LexBlog IP

OCTOBER 17, 2022

Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Background.

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Design Patent Designs Design Intellectual Property 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.

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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.

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Designs Design Design Patent Branding 52

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? What is a Trademark? Patents expire after a set term; trademarks can be renewed indefinitely.

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Trademark Patent Invention Intellectual Property 40

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. If You’re Making Your Own Board Game, How Do You Protect Your Idea?

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Design Patent Intellectual Property Designs Design 52

IP Law 360

JANUARY 18, 2024

The startup behind a brand of smiling sponges that claims to be "the most successful business to appear on 'Shark Tank'" is turning to trademark and design patent law to go after similarly grinning products from a newer rival.

Design Patent 40

Design Patent Branding Brands Branding 40

Patent Trademark Blog

APRIL 27, 2023

At the outset, sellers need to register on Amazon Brand Registry. Nowadays, you do not necessarily need to have a trademark registered in order to apply for the Brand Registry. A pending trademark application filed with the USPTO may suffice. What types of patents are eligible for Amazon APEX? Where do you start?

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Branding Brands Branding Design Patent 89

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

Nelligan Law

AUGUST 4, 2023

The legal nuances surrounding trademarks, counterfeiting, collaborations, and the ever-expanding resale market fascinated me as I delved deeper into understanding the mechanisms that governed our beloved hobby. Sneaker companies invest substantial resources in designing unique logos, branding, and shoe designs.

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Law Intellectual Property Editing Branding 90

Patent Trademark Blog

JANUARY 25, 2024

How do you enforce your patents effectively to stop Amazon sellers from copying your product? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. You may benefit from the help of a patent attorney to request an Amazon neutral patent evaluation (NPE).

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Copying Design Patent Designs Design 52

Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Register your trademarks to block the sale of competing goods that use a similar name or logo. Is it fake? Are you dealing with a fraudulent imitation?

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IP Law 360

JUNE 13, 2023

A federal jury in Los Angeles has cleared a beauty brand from accusations that shower caps it makes infringe a New York designer's patented "Shhhowercap" design, as well as related trademarks.

Design Patent 40

Design Patent Branding Brands Branding 40

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 added benefits to each IPR that come along with their registration.

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Registration Designs Design Trademark 64

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. They can also avail of the user-friendly UI long associated with TrademarkNow.

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Designs Design Registration Trademark 59

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Trademark? Trademarks protect symbols and identifiers. What Is a Copyright?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 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

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Design Patent Designs Design IP 77

LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. It’s easy to imagine what may happen if a competitor began using your branding in a way that treads on your investment without legal means to stop them. trademark on the packaging of its cannabis products.

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Intellectual Property Registration Trademark IP 52

Patent Trademark Blog

MAY 26, 2023

It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. These are the visual features that would have been appropriate for design patent protection. Can you trademark a product shape or feature? Product shape trademarks , therefore, are very rare.

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IP Patent Design Patent Artwork 75

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

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.

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Intellectual Property Cease and Desist Invention Branding 52

IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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Intellectual Property Patent Infringement Patent Design Patent 112

The TTABlog

NOVEMBER 28, 2022

The CAFC explained that an entity that is the source of a varietal may use a particular term as a trademark for its specific varietal, but it must be clear that there is also a generic name for the varietal. This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e.,

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Trademark Registration Designs Design 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. Hermes is suing the artist for trademark infringement, trademark dilution, and cybersquatting. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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Art Non-Fungible Tokens Intellectual Property Ownership 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. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Trademarks.

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Intellectual Property Invention Intellectual Property Law Design Patent 67