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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Swisa, Inc. , 3d 665 (Fed.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

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 ยง 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

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The US Constitution as an Interpretive Tool for Obviousness Law

Patently-O

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” The Framers plainly did not want those monopolies freely granted.

Law 44
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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Few people would want something that they put their heart and soul into creating, whether thatโ€™s art, music, design, or an invention, being used or sold without their permission. Utility and Design Patents. Patents are probably the most confusing aspect of intellectual property, and justifiably so.

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

Few people would want something that they put their heart and soul into creating, whether thatโ€™s art, music, design, or an invention, being used or sold without their permission. Utility and Design Patents. Patents are one of the most confusing types of IP law, and justifiably so. There are two types of patents.

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My Word! Design Patents on a Typeface

LexBlog IP

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Whatโ€™s more common than the written word?

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SpicyIP Weekly Review (November 8-November 15)

SpicyIP

The Court, however, disagreed with the Defendantโ€™s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. Dr Vaishali Londhe of NMIMS SPPSPTM wins Patent for Breakthrough Invention. Image from here.

Trademark 105