Remove what-is-likelihood-of-confusion
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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Can a Logo Help You Get a Design Patent and Avoid Infringement?

Patent Trademark Blog

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

Intellectual Property Law Blog

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. Background Columbia asserted U.S.

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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. Columbia Sportswear N. 511 (1871).

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Design patent infringement: What is a substantially similar appearance?

Patent Trademark Blog

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

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The creativity of theft

Likelihood of Confusion

An appropriate question: This design squatting (I don't know what else to call it) is astounding in its utter shamelessness. Sarah Burstein, by way of Julie Zerbo, or is it the other way around? link] — Sarah Burstein (@design_law) June 27, 2019 Funny thing: In certain contexts (or, perhaps, all contexts?),

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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

LexBlog IP

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. These products (e.g.,

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