The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

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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. Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? In Gorham , the prior-art designs were not a significant factor in the infringement analysis.

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Patently-O

JANUARY 19, 2024

Ownership of Invention : By accepting employment with the Corporation, you hereby agree that all discoveries, designs, devices, and concepts developed by you in the course of and during your employment with the Corporation shall be the property of the Corporation. The quote above comes from the employment agreement.

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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. The district court found that the design is functional and therefore not protectable by trademark.

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Designs Design Trademark Patent 133

Olartemoure Blog

AUGUST 4, 2023

Specialized glassware with its elegant curves, for instance, enhances the presentation and aroma of different beer styles. Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs. 14 , 2022 BEER MUG US D9,304 S Inventors: William C.

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JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Directors Tracy-Gene G. Durkin, Deirdre M.

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IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Designs Design Social Media Privacy 57

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

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Design Patent Designs Design Patent 89

The IPKat

APRIL 27, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the EU Commission’s recent proposal to codify visual disclaimers in EU design law. These proposals to modernise legislation on design protection point in the right direction.

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Designs Design Law Intellectual Property 89

The IPKat

DECEMBER 6, 2022

A few weeks ago, the UNION-IP Designs Commission in association with the UNION-IP Netherlands national group – “Design & Copyright Law: siblings or rival?” held another roundtable session ( Thursday Thingies ), the topic of which related to the overlaps between copyright and design law (details of the event to be found here ).

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CoCal IP Law Institute

APRIL 19, 2024

Recent Developments at the European Patent Office and an Update on Design and Trademark Protection in the United Kingdom Please join us Monday, April 22, 2024 at noon where we welcome guest speaker John Kensett from the Dolleymores firm in the United Kingdom.

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Designs Design Trademark Patent 40

LexBlog IP

MARCH 21, 2023

Broadly speaking, AI tools can present both incoming and outgoing intellectual property issues. By design, generative AI improves upon its technology by incorporating user prompts in its training data. Those interested in a more general conversation about current AI frameworks can see our article here.

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The IPKat

APRIL 9, 2024

Is it an infringement of a person’s own personality/image rights to say that a shoe was designed for that person (and that fact is true)? According to the Court, the key issue in the present case revolved around the requirement that the use is ‘undue’.

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Personality Rights Designs Design Publishing 82

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 15, 2023) , the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of design patent cases.

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Design Patent Designs Design Patent 52

U.S. Department of Commerce

FEBRUARY 16, 2022

Black Inventors and Entrepreneurs – Past, Present, and Future. One of her top priorities was to obtain a design patent for her jeans’ enhancement innovation. February 16, 2022. KCPullen@doc.gov. Wed, 02/16/2022 - 18:45. Intellectual property. Minority business growth. Joint blog by the U.S.

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LexBlog IP

MARCH 8, 2024

DPIA Report Requirement: The State argued that these extensive and time-consuming reports will require businesses to assess “how their products use children’s data and whether their data management practices or product designs pose risks to children.” The reason? The court found it likely violates the First Amendment.

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Designs Design Social Media Privacy 52

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%

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LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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Patently-O

NOVEMBER 21, 2022

I read looked through the USPTO file jacket and was unable to see any evidence presented of secondary meaning except for a self-serving statement from SoClean’s VP of IP that the product was distinctive and had been used for at least five years in a manner that was “substantially exclusive and continuous.”

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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Biswajit Sarkar Copyright Blog

AUGUST 11, 2022

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? The cognitive efforts and the creativity involved in making a design have some value in the eyes of the law.

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Designs Design Registration Marketing 52

Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? If that is true, getting a design patent would not necessarily protect you from infringement of utility patents. But, what if getting a design patent could somehow protect you from infringing other design patents? Design patents, however, present a unique twist.

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Design Patent Designs Design Patent 52

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. . Only the eyes should be used to enjoy the design.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. A natural person who only presents a problem to an AI system may not be a proper inventor or joint inventor of an invention identified from the output of the AI system. On February 13, 2024, the U.S. 2 in the Guidance. Principle No. Principle No.

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Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

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Designs Design Registration Contracts 45

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. . Only the eyes should be used to enjoy the design.

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JD Supra Law

AUGUST 22, 2022

Kilpatrick Townsend Partners Babak Kusha and Justin Eurek recently presented “Must-Knows in Design Patents for Patent Professionals and In-House Counsel” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).

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Design Patent Designs Design Patent 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

Art Law Journal

APRIL 27, 2021

Your best ideas are only as good as how well you can sell them, and mastering the art of the pitch presentation takes time, research, and devotion. The post How to Hit a Home Run with Your Pitch Presentation appeared first on Art Business Journal.

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Journalism Art Business Designs 52

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Designs Design Patent Application Intellectual Property 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. . Only the eyes should be used to enjoy the design.

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IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. These contracts get their designation from the premise that you typically must tap a logo on a window to confirm them. Image Source: Shutterstock]. Meaning Of An E-Contract.

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Contracts Business Technology Law 52

The TTABlog

NOVEMBER 28, 2023

Monster alleged a likelihood of confusion between its registered "Claw" design mark for various goods and services, and applicant's "Circled MV" design mark for goods and services in eight classes. Unlike Applicant’s mark, there is nothing circular in Opposer’s Claw Mark, and Applicant’s mark does not resemble claw scratches.

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