JD Supra Law

JANUARY 27, 2023

The battle over whether a luxury fashion brand’s stripe designs infringes adidas’ signature “Three Stripe” trademarks ended on January 12. On that day, a jury found that designer Thom Browne, Inc., known for its natty tailoring and designs, was not liable to the activewear giant for trademark infringement.

Designs 96

Designs Design Trademark 96

JD Supra Law

DECEMBER 4, 2023

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries.

Designs 70

Designs Design Trademark 70

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. by Dennis Crouch. Supreme Court involving those chocolate covered bready-sticks.

Designs 133

Designs Design Trademark Patent 133

Greenspoon Marder LLP

DECEMBER 15, 2023

Licensing out a trademark for third-party use is a common practice amongst trademark owners. Second, licensing can lead to substantial growth for a reduced price as the licensee bears some of, if not […] The post Maintaining Control – Avoiding a Naked Trademark License Designation appeared first on Greenspoon Marder LLP.

Licensing 59

Licensing Designs Design Trademark 59

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

Design Patent 114

Design Patent Designs Design Patent 114

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

Design Patent 68

Design Patent Designs Design Patent 68

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying 65

Copying Designs Design Public Domain 65

JD Supra Law

OCTOBER 2, 2023

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent 75

Design Patent Designs Design Branding 75

JD Supra Law

MAY 18, 2023

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO. By: Morgan Lewis

Design Patent 98

Design Patent Designs Design Patent 98

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

Registration 63

Registration Designs Design Trademark 63

JD Supra Law

OCTOBER 19, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. . By: Quarles & Brady LLP

Design Patent 62

Design Patent Designs Design Patent 62

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

Registration 79

Registration Designs Design Journalism 79

IP Law 360

SEPTEMBER 26, 2023

Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

Design Patent 75

Design Patent Designs Design Inventor 75

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? Do you have a 3D file or photos of your design?

Design Patent 52

Design Patent Patent Application Designs Design 52

Patently-O

SEPTEMBER 17, 2023

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.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

Design Patent 76

Design Patent Designs Design Patent 76

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

Art 98

Art Designs Design Invention 98

JD Supra Law

NOVEMBER 17, 2023

On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar.

Design Patent 62

Design Patent Designs Design Patent 62

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? Can you speed up the design patent examination process?

Design Patent 98

Design Patent Designs Design Patent Application 98

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

Design Patent 98

Design Patent Designs Design Patent 98

IP Law 360

APRIL 7, 2023

Various players in the world of replacement auto parts have urged the full Federal Circuit to reconsider the test used for determining design patents are invalid as obvious, arguing the court is treating design patents more like trademarks than utility patents, thus making invalidations nearly impossible.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

OCTOBER 4, 2022

The World Intellectual Property Organization (WIPO) has announced plans to negotiate a Design Law Treaty (DLT). The goal of the treaty would be to harmonize different national legal systems for protecting industrial designs. By: AEON Law

Designs 98

Designs Design Law Intellectual Property 98

IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office said on Wednesday that it has created a separate bar for design patent practitioners, meaning those focused on ornamental designs don't have to meet the rigorous engineering and scientific requirements of the standard patent bar.

Design Patent 64

Design Patent Designs Design Patent 64

JD Supra Law

AUGUST 3, 2023

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations.

Designs 98

Designs Design Intellectual Property Blogging 98

JD Supra Law

MARCH 15, 2024

When we think of trademark infringement, unions don’t typically come to mind. However, in recent headlines, three different companies have alleged trademark infringement against their unions. By: Brooks Kushman P.C.

Designs 68

Designs Design Branding Brands 68

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

Design Patent 57

Design Patent Designs Design Patent 57

Patently-O

APRIL 20, 2024

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. Federal Circuit’s 2023 Decision. Patent D657,093. Swisa, Inc. ,

Design Patent 67

Design Patent Art Designs Design 67

JD Supra Law

DECEMBER 7, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 65

Design Patent Designs Design Patent 65

Patent Trademark Blog

SEPTEMBER 20, 2023

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.

Design Patent 52

Design Patent Designs Design Patent Application 52

IP Law 360

MARCH 11, 2024

An artist and clothing designer who wants to register the F-bomb as a trademark told the Federal Circuit on Monday that the U.S. Patent and Trademark Office is retaliating against him for his role in overturning a ban on immoral or scandalous marks, saying the USPTO is inventing reasons to deny his application.

Designs 52

Designs Design Invention Trademark 52

JD Supra Law

MARCH 16, 2023

Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner would have had an effective two month period within which to take action. By: Ladas & Parry LLP

Designs 52

Designs Design Trademark 52

JD Supra Law

DECEMBER 15, 2023

A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at the United States Patent and Trademark Office (“USPTO”). By: Haug Partners LLP

Designs 73

Designs Design Trademark Patent 73

Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

Design Patent 68

Design Patent Designs Design Patent Application 68

IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 57

Designs Design Blogging Registration 57

JD Supra Law

FEBRUARY 28, 2023

Director of the US Patent and Trademark Office (USPTO) Kathi Vidal recently designated as precedential a decision by the Patent Trial and Appeal Board (PTAB) rejecting the petitioner’s invalidity challenge, since it was based entirely on a conclusory expert witness declaration. By: Morgan Lewis

Designs 98

Designs Design Trademark Patent 98