Remove what-is-likelihood-of-confusion
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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

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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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

Intellectual Property Law Blog

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. Background Columbia asserted U.S.

Art 162
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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Columbia Sportswear N. 511 (1871).

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TTABlog Quarterly Index: October - December 2021

The TTABlog

Guess What? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? & Design" for Beer? Yes] Precedential No.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

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. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. How do I get a Copyright?

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CAFC Upholds TTAB: TEEN TINKER BELL Confusable With Disney's TINKER BELL for Dolls

The TTABlog

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. Tinker Bell" appeared as a character in J.M.

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Around the IP Blogs

The IPKat

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws.