Indiana Intellectual Property Law

APRIL 26, 2024

has been accused of trademark infringement in a lawsuit filed by Pennsylvania -based Global Trademarks Inc. The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Indianapolis, Indiana – FullBeauty Brands Inc.

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Olartemoure Blog

MAY 7, 2024

In the competitive market, protecting the packaging design of products is highly important. Let’s talk about three intellectual property ways that can be used to protect your packaging. How can I protect designs with copyrights? How can I protect designs with patents?

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JD Supra Law

MARCH 25, 2022

Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy. By: Erise IP

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Patent Trademark Blog

MARCH 18, 2022

What is an intellectual property right? Intellectual property (IP) can seem abstract. At its core, intellectual property is a legal right. This is where trademarks play a role. Trademarks can last indefinitely. From an idea to something real: How do concepts become intellectual property?

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. 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. That’s understandable.

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43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. Apple v Samsung changed perceptions.

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LexBlog IP

MAY 8, 2023

From source code and graphics to unique characters, iconic environments and embedded music, online games are multilayered, content-rich creations whose intellectual property (IP) can easily be ripped off. Protect Your Game’s Intellectual Property How, then, to safeguard what you’ve worked so hard to create?

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LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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The IPKat

JANUARY 13, 2022

While the tokenization of IP, namely for anti-counterfeiting purposes , was already outlined by the European Intellectual Property Office several years ago, WIPO sees potential applications of blockchain technology in IP ecosystems for "[a]ll types of IP assets: Registered and Unregistered Rights".

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More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

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More Than Your Mark

AUGUST 27, 2021

While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. What Is a Trademark?

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IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Patent Trademark Blog

MARCH 31, 2022

Affordable ways to enforce intellectual property. If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. Thankfully, you can enforce intellectual property without spending your life savings. How to enforce trademarks inexpensively.

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. That’s understandable.

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IP Watchdog

JUNE 23, 2022

Design Patent No. D779,828 (‘828 patent) invalid. The district court held the ‘828 patent to be invalid for reasons of functionality and obviousness.

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IP Law 360

FEBRUARY 1, 2023

The Justice Department's Antitrust Division, a technology industry group and others have thrown their support behind a proposal to create a separate design patent bar at the U.S. Patent and Trademark Office, while two key intellectual property groups have pushed back on the idea.

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Larson & Larson

MARCH 23, 2023

Patent applications are critical to innovation and intellectual property protection, yet they can often be expensive, complex, and time-consuming to process. Fortunately, there is an increasingly popular alternative: the Design Patent Rocket Docket. The post How can I use design patent rocket docket?

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LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

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43(B)log

DECEMBER 7, 2021

My presentation on jigsaw puzzles and intellectual property at the 2021 virtual Puzzle Parley is now up on YouTube.

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LexBlog IP

FEBRUARY 4, 2022

According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.

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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

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

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LexBlog IP

OCTOBER 3, 2023

Trademark Protection for Board Games by Yuri L. Eliezer.block-content { padding-top: 12px; background-ffffff; background-image: none; } Trademark Protection for Board Games: Unlock the Potential of Trade Dress for Your Board Game Table of Contents: What is Trade Dress Protection? What is Trade Dress Protection? OR- How about this car.

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LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. Seirus Innovative Accessories, Inc.

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LexBlog IP

OCTOBER 17, 2022

However, there are effective ways to protect intellectual property in GUIs and enforce that intellectual property against competitors who choose to infringe. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products.

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LexBlog IP

JUNE 14, 2022

design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2012.

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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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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. 2:24-cv-00986-DDP-JDE, illustrates potential strategies surrounding intellectual property protection for those in the industry to consider. THC also owns a California state trademark registration for its WHAM!

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IPilogue

JANUARY 30, 2023

The intellectual property rights victory in Canada for the footwear company Crocs is a timely reminder to keep fleece clogs in mind for your winter wardrobe. Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing.

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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? What is a Trademark? first appeared on Larson & Larson, P.A.

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LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

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