LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

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Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. ” Dawgs brief.

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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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IIPRD

MARCH 4, 2024

So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. This is one of the famous case laws on patent infringement.

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Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. 10/2014, of 18 January 2014 , confirmed on appeal ). Real intention to use.

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IP Intelligence

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. The software company SAS Institute Inc. Chief Judge J.

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

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Patent Patent Infringement Copying Technology 97

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

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Branding Brands Branding Copyright Infringement 52

Kashishipr

JULY 20, 2022

” In one of the articles published by Fortune Magazine in 1999, journalist Paul Lukas wrote that it is a familiar story when a small fledging company comes up with a brilliant new product – so good that a more powerful and bigger company copies its unique idea. and the so-called rival RealMe. Tencent Holdings Ltd.,

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Branding Brands Branding Marketing 52

Patent Trademark Blog

NOVEMBER 16, 2023

You need to login to your Brand Registry account and submit the proper request to escalate your patent infringement case. Make sure you specify that your patent is a utility or design patent. What if your patent escalation request is rejected? For utility patents, you want APEX.

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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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The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

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LexBlog IP

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. The software company SAS Institute Inc.

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Copyright Fair Use Copying Public Domain 52

Patently-O

AUGUST 25, 2021

WPL is a UK based software company who obtained several copies of SAS statistical software and made a clone version. SAS sued in E.D.Tex for both copyright infringement and patent infringement. In Google , the Supreme Court found fair-use but did not decide the issue of copyrightability.

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Copyright Copyright Infringement Copying Fair Use 126

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. Would it make sense to send them a trademark infringement letter. 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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Patently-O

DECEMBER 18, 2023

Texas law provides a mechanism for service of process of non-Texas-residents who engage in business in Texas, but without a regular place of business or a designated agent. This substitute service process is that the Texas Secretary of State will serve as the designated agent. See 4(h)(1)(A) referring to 4(e)(1). 4(f)(1). .”

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Patent Trademark Blog

JUNE 15, 2023

I think most business folks would agree that if an innovative product sells really well, then it would be worth patenting the innovation to block copycats by competitors. Why allow the competition to forego the hard work of product conception and development by copying your product and undercutting your price? What is the solution?

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Corsearch

SEPTEMBER 28, 2023

You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba. Trademarks A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

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Corsearch

AUGUST 14, 2023

Trademark infringement A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement occurs when a mark resembling yours is used without authorization. Patent infringement occurs when someone uses your invention without permission.

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LexBlog IP

FEBRUARY 21, 2023

The United States Patent and Trademark Office (USPTO) maintains a list of all PTAB precedential and informative decisions organized by subject matter. [1] ” [2] In December of 2022, the USPTO designated two recent decisions as precedential, Apple Inc. Zipit Wireless [3] and Patent Quality Assurance, LLC v. 4] Apple Inc.

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Technology Designs Design Patent 52

Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Infringing goods might cause confusion , but do not necessarily bear an identical resemblance. You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks.

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Design Patent Designs Design Registration 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Computer-aided design (CAD) files are the most common type of digital file. Those who claim that it should be classified as a literary work argue that a CAD file is essentially a set of instructions for a printer on how to build each layer of a design and thus should be protected in the same way that a set of code in a computer programme is.

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Patently-O

MAY 15, 2024

He obtained his own patents and also partnered with Edison. Although Dick/Edison had patented the machine, they were an early adopter of the subscription model and wanted to also be the exclusive seller of copying supplies.

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Patent Law Patent Law Invention 92

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Patent 8,129,385 (“patent 385”). The two companies have agreed to settle with Gilead paying $1.25 sales of Biktarvy.

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IIPRD

OCTOBER 17, 2022

Patent and Trademark Office last year, which it has since checked by way of its Nikeland venture on Roblox and the acquisition of RTFKT. These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Patent Infringement. With new advancements in technology, new challenges come forward.

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Patently-O

APRIL 6, 2023

WPL is a UK based software company who obtained several copies of SAS statistical software and made their own clone version by rewriting the code and by relying upon an early version of SAS that is not protected by copyright. SAS sued in E.D.Tex for copyright infringement. The copyright case is not about copying code.

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Copyright Copying Copyright Infringement Fair Use 57

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., However, the manifestation of such infringement can be through stealing if the IP is affixed in a tangible medium. by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

More Than Your Mark

SEPTEMBER 3, 2021

Patents are meant to cover new, useful, and non-obvious inventions (utility patents) and new and non-obvious designs (design patents). Additionally, all patents have a limited life span: twenty years from the earliest effective filing date of a utility patent and fifteen years from the issuance of a design patent.

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Corsearch

AUGUST 2, 2023

Trademarks A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement is defined as a mark that looks and/or sounds like yours is used without your authorization. Patents Patents protect inventions, products, or industrial processes.

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Branding Brands Branding Reporting 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Anything we are missing out on? Please let us know in the comments below.

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The IPKat

APRIL 24, 2023

This was my first thought in seeing emails in my mailbox containing a copy of the ‘leaked’ European Commission IP Action plan. Parties must go through this process before they are able to file for patent infringement or seek a FRAND determination in court. What can be more exciting than reading a leaked document.

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SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

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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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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. PDF copy available. Read the full article at Law360. Conclusion.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

PDF copy available. In December 2020, the Board designated as precedential Sotera Wireless, Inc. On June 13, 2019, Patent Owner Masimo served a nine-patent infringement suit against Sotera in the Southern District of California. Masimo Corporation. Sotera Wireless, Inc. Masimo Corporation.

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Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. As a result of the testing, EL made a number of tweaks to the design, including the connection mechanism and also determining the best force / elongation parameters for safety and comfort. By November 2019, EL was satisfied with the design.

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SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

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