LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

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Design Patent Designs Design Intellectual Property 52

IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)

Design Patent 104

Design Patent Designs Design Music 104

Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. There are no allegations suggesting the claims against each separate Defendant arise out of the same transaction or occurrence; rather, they allege separate acts of copyright infringement.

Copyright 78

Copyright Design Patent Trademark Designs 78

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.

Designs 75

Designs Design Copyright Design Patent 75

Patent Trademark Blog

FEBRUARY 26, 2024

Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. How to Design Patent the Appearance of Clothing Does your article of clothing have some unique 3-dimensional features?

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

DECEMBER 17, 2021

Germain and Louise H Sitler provide some pre-Yuletide reading material with their new article, "The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Law," 21 Chi.-Kent Text Copyright John L. Intell Prop. Download here ]. Read comments and post your comment here.

Design Patent 57

Design Patent Designs Design Law 57

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

NOVEMBER 11, 2022

Copyright is a form of intellectual property that protects a creator’s exclusive right to control who reproduces or alters the product of their original creative effort. Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Introduction.

Copyright 52

Copyright Fair Use Registration Ownership 52

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

Designs 52

Designs Design Copyright Artistic Work 52

The TTABlog

MARCH 5, 2024

JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. indicates that the design is not de jure functional. The Board found that JM4's design patents covered designs that were not identical to the proposed mark. "To Welch 2024.

Design Patent 70

Design Patent Designs Design Trademark 70

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?

Design Patent 52

Design Patent Intellectual Property Designs Design 52

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 Copyright? Copyrights protect creative works. Patents protect inventions.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. Copyrights. Design Patents. Design Patent No. D879874, owned by Adobe, Inc.,

Design Patent 52

Design Patent Copyright Law Intellectual Property Designs 52

IP Watchdog

MARCH 15, 2024

one of America’s oldest continuously-operated patent practices founded and operated by a woman patent attorney, is seeking a registered U.S. patent attorney, preferably with a proven track record in patenting software, artificial intelligence (AI), convolutional network, medical devices, and other electrical technologies.

Intellectual Property Law 57

Intellectual Property Law Intellectual Property Law Patent Prosecution 57

Managing IP

SEPTEMBER 30, 2022

Lawyers can protect GUIs with utility and design patents, trade dress and copyright, but each form of protection has its challenges, say tech counsel.

Design Patent 52

Design Patent Designs Design Copyright 52

Patent Trademark Blog

MAY 26, 2023

These are the visual features that would have been appropriate for design patent protection. Copyrights to the Rescue: A Second Chance to Obtain IP When It’s Too Late to Patent It would help to be cautiously optimistic in these late situations. Not every visual feature will be copyrightable.

IP 75

IP Patent Design Patent Artwork 75

The IPKat

FEBRUARY 27, 2022

The coverage of blog news over the past few days is as follows: Copyright The Kluwer Copyright Blog posted an article discussing the threshold of originality and wonders if seasonal creations would eventually meet the threshold to ensure copyright protection for these creations.

Blogging 74

Blogging IP Design Patent Designs 74

Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

Design Patent 59

Design Patent Designs Design Patent Application 59

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Patent Trademark Blog

NOVEMBER 30, 2022

Use design patents to protect this new appearance. Would copyright protection be available for your original product? Copyright protection might be an option. Unlike patent deadlines, there is no rule preventing product creators from filing copyright applications even if sales have been occurring for a long time.

Copying 98

Copying Patent Patent Application Blogging 98

Patent Trademark Blog

MAY 11, 2022

File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product. But, what if you don’t own any patents and it’s too late to file a patent application ?

Design Patent 52

Design Patent Designs Design Registration 52

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

JD Supra Law

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. By: Quarles & Brady LLP

Designs 52

Designs Design Trademark Design Patent 52

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.”

Designs 40

Designs Design Design Patent Artistic Work 40

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). Text Copyright John L.

Design Patent 89

Design Patent Advertising Advertising Designs 89

JD Supra Law

OCTOBER 12, 2021

Utility patent protection is available for inventions that are useful, novel, and nonobvious. intellectual property are available for product designs such as design patents, trade dress, and copyrights; these intellectual properties may exist simultaneously to provide overlapping rights. Other layers of U.S.

Intellectual Property 55

Intellectual Property Designs Design Design Patent 55

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

LexBlog IP

APRIL 17, 2023

Participants will get insights from United States Patent and Trademark Office (USPTO) design examiners and managers, the Patent Trial and Appeal Board (PTAB), design patent practitioners, and more. This year’s event features: Welcome remarks from Karen Young, Director of Technology Center 2900.

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Registration Designs Design Intellectual Property 40

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This exclusivity encourages investment and incentivizes further research and development.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IP Law 360

DECEMBER 22, 2021

The Second Circuit has handed over an intellectual property dispute involving copyright, trademarks and design patent claims covering lighting fixtures to the Federal Circuit, saying those patent claims give the D.C.-based based court jurisdiction.

Intellectual Property 40

Intellectual Property Design Patent IP Designs 40

The IPKat

MARCH 29, 2024

The findings The initial findings considered UK news reporting on Intellectual Property, Copyright, Design, Patent and Trade Mark issues over five years and some of the key findings can be summarized as following: - Intellectual Property was mentioned with regard to key themes related to scope of rights, registration and IP disputes; - Copyright was (..)

Intellectual Property 61

Intellectual Property Social Media Reporting Registration 61

LexBlog IP

MARCH 6, 2024

THC uses its Copyrights and WHAM! THC alleges that it engaged in discussions to license its Copyrights and WHAM! And so, to protect its intellectual property, THC filed a complaint including six claims of federal copyright infringement and one claim of California state trademark infringement in an attempt to snuff their actions.

Intellectual Property 52

Intellectual Property Registration Trademark IP 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. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52