LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements.

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Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C.

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Greenspoon Marder LLP

MAY 15, 2019

As discussed here, in September 2018, an Illinois federal court judge ruled that UGG is not a generic term for sheepskin boots and that the United States owner of the popular UGG brand, Deckers Outdoor Corporation, was permitted to pursue its claims for trademark and design patent infringement against an Australian company, Australian Leather Ltd.

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Indiana Intellectual Property Law

AUGUST 25, 2021

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”). The case was assigned to Judge Damon R. Gotsch, Sr. 3:21-cv-00501-DRL-MGG.

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Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant.

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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. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. I covered this topic in more details in a previous blog ( here ).

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LexBlog IP

DECEMBER 21, 2023

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. ” Thus, the prior-art design must be applied to the article of manufacture identified in the claim.

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LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. I covered this topic in more details in a previous blog ( here ).

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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 expire after a set term; trademarks can be renewed indefinitely. What is a Trademark?

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LexBlog IP

MARCH 17, 2022

A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. Intellectual Property , Patents.

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LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. At bottom are two annotated versions of a figure from U.S.

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IP Watchdog

OCTOBER 29, 2022

District Court for the Northern District of Illinois against hoverboard products alleged to infringe four design patents due to “substantive defects” in the court’s reasoning for granting the injunctions. Court of Appeals for the Federal Circuit (CAFC) vacated two separate preliminary injunction orders granted by the U.S.

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LexBlog IP

MARCH 3, 2023

In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S.

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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. Crocs largely prevailed in those actions.

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LexBlog IP

MARCH 6, 2023

With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials.

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More Than Your Mark

SEPTEMBER 3, 2021

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. The Price of Exclusion by Patent – Disclosure to the Public.

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IP Watchdog

JUNE 28, 2022

Leader Accessories LLC reversing a contempt finding entered in the Western District of Wisconsin over alleged violations of a protective order from a design patent infringement case between Static and Leader. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Static Media LLC v.

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IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Intellectual Property and Metaverse. Copyright Infringement.

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Indiana Intellectual Property Law

OCTOBER 20, 2023

for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom. According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. Continue reading

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IP Watchdog

FEBRUARY 10, 2022

District Court for the District of Pennsylvania’s summary judgment that a medical device design patent was not invalid under the on-sale bar. The district court found the patent was infringed and awarded damages in the amount of $1,247,910. Court of Appeals for the Federal Circuit (CAFC) today reversed the U.S.

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. First, it is important to understand what a trade secret is. in connection with an internal commercial use.”

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Patent Trademark Blog

MAY 31, 2023

On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. 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. Why send a cease-and-desist letter?

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LexBlog IP

JUNE 6, 2022

Judge Dow converted the previously entered Temporary Restraining Order (TRO) into a Preliminary Injunction (PI) against the challenging defendants in this design patent dispute involving wireless earphone headbands.

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

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Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment. According to the Complaint, Defendant, First in Finishing, Inc.

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LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. First, it is important to understand what a trade secret is. ” See 35 U.S.C. § § 273.

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LexBlog IP

APRIL 14, 2022

Additionally, the patent practitioner may recommend filing multiple patents to cover the invention. For example, multiple patents may include more than one utility patent to protect the functional aspects and/or a design patent to protect the non-functional aspects. Infringement possibilities.

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Patently-O

DECEMBER 28, 2022

The company also owns a design patent covering the product. The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law).

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Patently-O

MARCH 13, 2022

Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Sherkow: Preprint Servers and Patent Prior Art (Source: SSRN). Source: USPTO.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Intellectual Property Considerations.

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The IP Law Blog

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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LexBlog IP

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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