Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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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

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

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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Patent Trademark Blog

JANUARY 25, 2024

Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. Amazon Report Infringement Form: Start Here Patent owners should take advantage of Amazon’s online form for reporting infringement. APEX is for utility patents.

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Patent Trademark Blog

APRIL 27, 2023

Nowadays, you do not necessarily need to have a trademark registered in order to apply for the Brand Registry. A pending trademark application filed with the USPTO may suffice. What types of patents are eligible for Amazon APEX? What types of patents are eligible for Amazon APEX? How does Amazon APEX work?

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Patent Trademark Blog

MAY 31, 2023

Would it make sense to send them a trademark infringement letter. Underneath the obvious intentions of stopping infringement, a C&D letter might serve further strategic purposes. Let’s uncover apparent and ulterior purposes behind infringement notices so that you can make better decisions in dealing with such letters.

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Patent Trademark Blog

FEBRUARY 15, 2024

What is utility patent infringement? When it comes to utility patents, what modifications would help your products avoid infringement? Let’s delve into how to win the noninfringement argument for utility patents. For design patents, see my post on design patent infringement.

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Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. Is it fake?

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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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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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IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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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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Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. How to enforce trademarks inexpensively. Let’s start with trademarks. At the outset, register your trademarks for your more important products and services. Not all marks, however, qualify.

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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. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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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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Patent Trademark Blog

JUNE 15, 2023

Would a design patent be worth your money and time? So far, most of the considerations above relate to utility patents. The cost to obtain a design patent is typically a fraction of what it costs to get a utility patent. The post Is a Patent Worth Your Money and Time?

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Patent Trademark Blog

FEBRUARY 9, 2022

A patent prosecutor is essentially a patent application attorney who files utility and design patent applications with the USPTO. Are patent litigators required to be registered to practice before the USPTO? Patent litigators are not necessarily registered patent attorneys.

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Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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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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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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Patent Trademark Blog

SEPTEMBER 20, 2021

To be safe, make sure to file your US patent applications well in advance of the 1-year deadline since it is a race to the Patent Office. Would a design patent or utility patent be appropriate for your invention?

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LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. Patent No.

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Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Are you looking at a design patent or utility patent?

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Patent Trademark Blog

JUNE 20, 2023

Before asking about price, you need to understand what you are getting in a utility patent application. Figure out the benefit of a utility patent application to be drafted by a particular patent attorney before asking about price. Suppose you receive competing bids from two different patent attorneys. How do you choose?

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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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Designs Design Intellectual Property Design Patent 52

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. A patent protects an invention. As the U.S. in connection with an internal commercial use.”

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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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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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LexBlog IP

MARCH 17, 2022

The FTO analysis typically includes search results for issued patents and published patent applications that cover technologies similar to the company’s technology and an assessment of any patent infringement litigation risk those patent matters may present.

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Patent Trademark Blog

DECEMBER 13, 2023

What patents will help you remove infringing Amazon listings? Ideally, you want to build IP rights with both utility and design patents. A utility patent, though broader, can take years to obtain. In the meantime, design patents are quicker and cheaper to obtain.

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LexBlog IP

APRIL 14, 2022

A patentability search allows a patent practitioner to assess the likelihood of successfully obtaining a patent with the United States Patent and Trademark Office (“USPTO”). Additionally, the patent practitioner may recommend filing multiple patents to cover the invention.

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. When your product contains unique functional features, apply for a utility patent. If your product has unique aesthetic features that are nonfunctional, file a design patent application. See utility patent costs here and design patent costs here.

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Patent Trademark Blog

JUNE 8, 2023

Excuse 2: Your Patent Application Is Taking Too Long We all hate waiting. You need your patent or trademark registered, and you need it now. Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ? Have they handled Amazon patent disputes ?

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Patent Trademark Blog

DECEMBER 5, 2023

Whether you are the patent owner or an Amazon seller selling me-too products, you must keep a close watch on whether any sales on the e-commerce platform are infringing any patents. Even simple products can infringe design patents. Need to fight an Amazon neutral patent evaluation case?

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Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Doing so will enable you to file foreign patents if you choose.

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SpicyIP

JANUARY 23, 2023

After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Other Posts COVID-19 Vaccine Patent Infringement?

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