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Patent Ownership and No Opinion Judgments

Patently-O

Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. indicates that the design is not de jure functional. The Board found that JM4's design patents covered designs that were not identical to the proposed mark. "To

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses. For more details on the topic of design and the metaverse in China see our previous blog post. Ownership and Enforcement.

IP 109
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Recent IP Tweets

LexBlog IP

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. — TTABlog (@TTABlog) December 17, 2021. — TTABlog (@TTABlog) December 15, 2021.

IP 52
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TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional. Observing that the Morton-Norwich factors are not exclusive, the Board considered as probative a third-party website that touted the utilitarian advantages of Pen Pal's product.

Designs 53
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Crocs v Dawgs: The Battle of the Clogs

IPilogue

A Look at Crocs’ Other Battles Beyond the industrial design victory in Canada, Crocs has other wins in its long battle to protect its intellectual property rights from copycats. The US Patent and Trademark Office’s Patent and Trial and Appeal Board, after three rejections, held that the Class Crocs clog design patent was valid in 2019.

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Pending patent legislation: 

Patently-O

2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle. Crapo, R-ID; and Sen. Leahy, D-VT). Sponsored by Sen. Leahy, D-VT and Sen. Tillis, R-NC).

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