The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

Litigation 98

Litigation Patent Confidentiality Settlement 98

IP Watchdog

JANUARY 4, 2023

The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless.

Designs 115

Designs Design Business Government 115

LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

Designs 40

Designs Design Design Patent Litigation 40

IPilogue

SEPTEMBER 17, 2021

Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Nike wasted no time and quickly filed a trademark infringement and anti-dilution lawsuit. Staple, who has a history of working for Nike and is the registered owner of the Staple Pigeon brand (seen on Lotas shoes), was left out of the litigation between Nike and Lotas.

Trademark 106

Trademark Branding Brands Branding 106

JD Supra Law

JANUARY 4, 2024

They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. By: Wolf, Greenfield & Sacks, P.C.

Intellectual Property 125

Intellectual Property Design Patent Litigation Designs 125

JD Supra Law

DECEMBER 15, 2023

Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. Westin L.P.”) 773944 and 773940, respectively “Cited Mark 1” and “Cited Mark 2”) in the business activities of each hotel.

Trademark 69

Trademark Branding Brands Branding 69

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 85

Trademark Social Media Advertising Advertising 85

Patently-O

NOVEMBER 21, 2022

Litigation ensued. The company had waited too long to file for patent protection and so it turned to trademark. The USPTO complied and issued registered two trademarks on the filter shape. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction.

Designs 75

Designs Design Registration Trademark 75

LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

Design Patent Designs Design Patent 52

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

Design Patent 52

Design Patent Designs Design Patent 52

IP Law 360

MAY 31, 2023

A California federal judge on Wednesday dismissed litigation from Patagonia accusing The Gap of infringing on the trademark and trade dress for its Snap-T pullover fleece design after the companies told the court they'd reached a settlement resolving all claims.

Designs 40

Designs Design Settlement Litigation 40

IP Watchdog

JANUARY 17, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S. Applicant U.S. Software Inc. Software Inc.

Trademark 127

Trademark Designs Design Patent 127

IP Watchdog

JUNE 23, 2022

Design Patent No. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S.

Design Patent 120

Design Patent Designs Design Patent 120

Technology & Marketing Law Blog

APRIL 3, 2023

She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

Trademark 126

Trademark Invention Patent Art 126

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. Before we get into the significance of OSU’s trademark application, I think it is important to provide some background information. But is it really that big of a deal? In my humble opinion, it is not.

Trademark 97

Trademark Registration Intellectual Property Television 97

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 88

Trademark Law Trademark Law Service Mark 88

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. 3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. Copyrights. Take care in such situations to avoid unintended problems.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. A patent prosecutor is essentially a patent application attorney who files utility and design patent applications with the USPTO.

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

Trademark 52

Trademark Cease and Desist Registration Patent Application 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. We will keep monitoring and reporting.

Designs 62

Designs Design Intellectual Property Design Patent 62

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

Government 105

Government Trademark Patent Patent Application 105

IP Law 360

MAY 23, 2024

Patent and Trademark Office that would potentially "designate nonregistered practitioners" to litigate at the Patent Trial and Appeal Board, with some urging the agency to let nonpatent lawyers argue there, while others warn it could "dilute the importance of the registration process."

Registration 52

Registration Litigation Designs Design 52

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

LexBlog IP

JULY 22, 2022

Chinese Patent Litigation: Leveraging Specialized IP Courts. Selecting a jurisdiction for Patent Litigation in China. That means if a company designs an infringing product in city A but manufactures in city B, then patent infringement would occur in cities A and B.

Litigation 52

Litigation IP Patent Patent Infringement 52

IPilogue

NOVEMBER 23, 2022

In this new billion dollar industry , game developers must be especially cautious of potential trademark infringements. court cases addressed the question of whether depictions of real vehicles in video games constitutes trademark infringement. Two recent U.S. Battle of the tractors: Saber Interactive Inc v. Oovee Ltd (2022).

Trademark 111

Trademark Licensing Intellectual Property Designs 111

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

Trademark 92

Trademark Branding Brands Branding 92

Olartemoure Blog

APRIL 4, 2024

In the dynamic world of intellectual property and trademarks, we understand how challenging it can be to face a provisional refusal, especially in a country that is not your own. A provisional refusal is an initial statement from the local trademark office indicating that the application does not meet certain legal requirements.

Privacy 85

Privacy Intellectual Property Trademark Litigation 85

LexBlog IP

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? ” The second standing order applies when third-party persons or entities are “funding [] some or all of the party’s attorney fees and/or expenses to litigate [the] action.

Litigation 52

Litigation Patent Confidentiality Settlement 52

LexBlog IP

SEPTEMBER 1, 2023

’s (“Whirlpool”) famous KITCHENAID trademarks and trade dress. In January 2022, Whirlpool sued Shenzhen alleging trademark infringement and dilution, trade dress infringement, and unfair competition under both federal and state law for Shenzhen’s sale of its stand mixers sold online under the names COOKLEE and PHISNIC.

Trademark 52

Trademark Designs Design Registration 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. 1989) and provides strong protection to uses of trademarks that implicate freedom of speech issue. Grimaldi , 875 F.2d 2d 994 (2d Cir. That is not true.

Litigation 52

Litigation Artistic Work Branding Brands 52

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 problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

IP Watchdog

AUGUST 31, 2021

District Court for the Central District of California granted defendant lululemon’s motion for summary judgment regarding allegations of trademark infringement, basing its decision in part on plaintiff’s failure to show likelihood of confusion. Similarly, in May 2021, the U.S.

Trademark 125

Trademark Law Designs Design 125

LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. If you are looking to appoint a Canadian trademark agent, DW does so for no charge. Applications designated via Madrid Protocol. ~17.

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52