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U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

JD Supra Law

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.

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

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Book Review: Intellectual Property and the Design of Nature

The IPKat

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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Free Mickey? (Don’t Be Goofy)

LexBlog IP

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.

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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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How Lulu Lost Her Mark

Dear Rich IP Blog

Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration.

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Book Review: Research Handbook on IP and Moral Rights

The IPKat

Authors in the subsequent section explore industrial property rights, with Nari Lee delving into inventors and patents, Giorgio Spedicato shedding light on industrial design, and Genevieve Wilkinson discussing trade marks.