Patently-O

JANUARY 13, 2023

Prior Patently-O coverage of this appeal is available here.) My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product.

Design Patent 73

Design Patent Designs Design Patent 73

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. Expanding opportunities to appear before the Patent Trial and Appeal Board (PTAB).

Design Patent 56

Design Patent Designs Design Litigation 56

Olartemoure Blog

MAY 7, 2024

In the competitive market, protecting the packaging design of products is highly important. How can I protect designs with copyrights? How can I protect designs with patents? Design patents guard your innovations against imitation for up to 15 years depending on the jurisdiction of protection.

IP 105

IP Intellectual Property Design Patent Designs 105

JD Supra Law

OCTOBER 18, 2022

It’s well known by marketing professionals that a well-implemented GUI can positively influence a purchaser’s decision to buy a particular product or service. Background - Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. By: Seyfarth Shaw LLP

Design Patent 98

Design Patent Designs Design Branding 98

LexBlog IP

OCTOBER 17, 2022

It’s well known by marketing professionals that a well-implemented GUI can positively influence a purchaser’s decision to buy a particular product or service. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products.

Design Patent 52

Design Patent Designs Design Intellectual Property 52

Patent Trademark Blog

DECEMBER 7, 2023

How can a patent boost Amazon sales? Amazon Sellers cannot ignore patent protection. Unless you’re selling only me-too goods, consider how the right patent can boost Amazon sales of your innovative product. Going naked without patent protection will simply invite competitors to steal your market share.

Design Patent 52

Design Patent Patent Designs Design 52

Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

Patent Application 52

Patent Application Patent Art Design Patent 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

IAM Magazine

NOVEMBER 8, 2022

Lower cost enables IP holders to file quickly and often, gaining early exclusionary rights to block competitors and protect market share

Design Patent 52

Design Patent Designs Design Marketing 52

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Patent Trademark Blog

SEPTEMBER 5, 2023

How do you know if your product is covered by a patent? After a long journey, you finally get your utility patent approved on your product concept. So now you’re selling the patented product. But, what if your patent does not actually cover your product? Are you selling a patented product or not?

Patent 52

Patent Design Patent Licensing Patent Application 52

JD Supra Law

DECEMBER 21, 2023

awarded Plaintiff Dynamite Marketing, Inc. On December 1, 2023, Judge Gary R. Brown (E.D.N.Y.) Plaintiff”) fees and costs, declined to enhance damages, granted a permanent injunction against future infringement, and denied each of Defendants’ motions for judgment as a matter of law, for a new trial and/or remittitur.

Design Patent 65

Design Patent Designs Design Marketing 65

Indiana Intellectual Property Law

APRIL 26, 2024

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®.

Branding 52

Branding Brands Branding Trademark 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

Patent 92

Patent Inventor Invention Intellectual Property 92

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval.

Patent Application 52

Patent Application Patent Design Patent Art 52

JD Supra Law

DECEMBER 3, 2021

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a series of utility and design patents held by Shenzhen Smoore Technology Limited.

Marketing 55

Marketing Marketing Design Patent Designs 55

Patent Trademark Blog

JANUARY 25, 2024

How do you enforce your patents effectively to stop Amazon sellers from copying your product? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. You may benefit from the help of a patent attorney to request an Amazon neutral patent evaluation (NPE).

Copying 52

Copying Design Patent Designs Design 52

LexBlog IP

MARCH 8, 2022

Interesting Patents. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents?

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

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. Universal Robots then filed a design application for the UR5 in January 2020. Design Patent No.

Designs 73

Designs Design Copyright Design Patent 73

IP Law 360

SEPTEMBER 18, 2023

A federal jury in Long Island found last week that one New York marketing company owed another business nearly $1.9 million for selling Swiss Army knife-like gadgets as marketing swag to banks and other businesses that infringe a design patent.

Design Patent 40

Design Patent Marketing Marketing Business 40

LexBlog IP

NOVEMBER 15, 2022

patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer. As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products.

Cease and Desist 52

Cease and Desist Design Patent Patent Designs 52

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. Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine.

Litigation 52

Litigation Patent Design Patent Patent Application 52

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. Utility Patent. Design Patent.

Inventor 52

Inventor Patent Design Patent Invention 52

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. To register a design patent, your game’s design must be novel and non-obvious.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

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. RE49,513 : “Barbell.”

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Fish & Richardson obtained an initial determination at the International Trade Commission (ITC) recommending a general exclusion order for client Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products. 8,726,528 (“the ’528 Patent”) and U.S.

Patent Infringement 52

Patent Infringement Patent Marketing Marketing 52

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 ).

Designs 62

Designs Design Intellectual Property Design Patent 62

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 case review and investigations from the administrative authority were very quick and within 24 hours an injunction was issued.

Designs 57

Designs Design Copyright Design Patent 57

IPilogue

JANUARY 30, 2023

One of the issues the judge examined in this case was whether the design of Fleece Dawgs footwear differed substantially from the 939 Design under s. 11(1)(a) of the Industrial Designs Act. In a mass intellectual property protection effort, Crocs filed lawsuits against 21 companies in 2021 for trademark infringements.

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks.

Business 131

Business Contracts Branding Brands 131

JD Supra Law

OCTOBER 12, 2021

Significant resources are invested to bring a product or service to market. Utility patent protection is available for inventions that are useful, novel, and nonobvious. A multi-layered intellectual property strategy can protect the assets obtained during development. Other layers of U.S.

Intellectual Property 55

Intellectual Property Designs Design Design Patent 55

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. This is a design patent SAD Scheme case. Despite that, as we saw above, courts may not adequately superintend patent joinder standards at the ex parte TRO stage.

Copyright 78

Copyright Design Patent Trademark Designs 78

Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

Patent Application 40

Patent Application Patent Design Patent IP 40

43(B)log

JANUARY 27, 2023

8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. Stiles alleged that it sold knockoff razors instead, infringing her patents, violating trademark and antitrust law, and interfering with her economic interests. The remaining design patent claims also failed.

False Advertising 59

False Advertising Design Patent Designs Design 59

Nelligan Law

AUGUST 4, 2023

The legal nuances surrounding trademarks, counterfeiting, collaborations, and the ever-expanding resale market fascinated me as I delved deeper into understanding the mechanisms that governed our beloved hobby. Moreover, sneaker companies can also protect their shoe designs through design patents.

Law 90

Law Intellectual Property Editing Branding 90