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Inferring Secondary Meaning from Product Design Copying

Patently-O

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

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Naked Wolfe Owner Says Schuh, Simmi Copied Shoe Designs

IP Law 360

The owner of the Naked Wolfe brand has accused two online footwear retailers of design and copyright infringement, alleging that they "slavishly copied" its chunky boot designs.

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[Guest post] Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

The IPKat

This time, Katfriend Spyridon Sipetas (Stockholm University) tells the story of a collaboration – the one between Jacquemus and Nike – that has been already plagued with accusations of copying. Here’s what Spyridon writes: Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

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U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

JD Supra Law

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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Furniture Store Copied French Designer's Works, Judge Rules

IP Law 360

A Los Angeles furniture business infringed the copyrights of a late iconic French designer, a California federal judge has concluded, saying the estate that brought the suit established that the furniture designs at issue are original and not copied from other sources as the defendants argued.

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How to Take Down Amazon Seller Listings of Copy Products

Patent Trademark Blog

How to take down Amazon seller listings that copy your products You have invested a great deal of time and money to develop your products. Now you’re being copied by others. What can you do to take down Amazon seller listings of copy products? The Amazon Design Patent Neutral Evaluation is for design patents.

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Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

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