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.

Design Patent 71

Design Patent Patent Infringement Designs Design 71

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. A lot of people are familiar with it.

Design Patent 52

Design Patent Intellectual Property Designs Design 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? Patents protect functional products and processes. What is a Trademark?

Trademark 40

Trademark Patent Invention Intellectual Property 40

LexBlog IP

OCTOBER 3, 2023

Trade Dress for Board Games Examples of Board Game Trade Dress Most savvy entrepreneurs know to apply for trademarks on their product names, company names, logos, and slogans. Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. OR- How about this car.

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). Janis: reminds him of design patent story, which also needs labels for validity and scope.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Traffix may work to shove a bunch of subject matter into patent.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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. Design patents can also apply depending on the goods and circumstances.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52