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. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

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Design Patent Patent Infringement Designs Design 70

Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

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Copying Designs Design Branding 57

43(B)log

JULY 15, 2022

So a lot of interesting discussion of what suffices for a profits and damages award. But it overturned the $1 million in damages because there was no evidence of actual confusion. But it overturned the $1 million in damages because there was no evidence of actual confusion. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th

Advertising 59

Advertising Advertising Licensing False Advertising 59

The IPKat

OCTOBER 9, 2023

The Supreme Court found that the shape of the mounting device created a likelihood of confusion. The ring-shaped device is for mounting the original Audi logo. A similar case has been brought before a Polish court, which had doubts whether Audi’s trade mark is infringed. Background Audi owns EU trade mark no. 14(1)(c) EUTMR.

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Art Trademark Designs Design 130

The IPKat

FEBRUARY 8, 2023

This Kat then finds it amusing to try to determine on what basis the fast food company could sue Saint Laurent, if such a dispute where ever to arise. An example of a Happy Meal box Thoughts Patent law is ruled out from the analysis. It's not always about being new-new because who is new-new?".

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Designs Design Law Copyright 62

IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. The UK IPO is keen to understand the role of the patent system in encouraging use and development of AI. Also open for discussion is the legal framework applicable to AI inventions and liability in the event of infringement.

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IP Intellectual Property Invention Copyright 40

LexBlog IP

APRIL 12, 2023

“Yes, the law is about words.,” And Ken White noted more recently that “the entire project of the law is about words meaning specific things.” Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. One is the case of Abitron Austria GMBH v.

Law 52

Law IP Intellectual Property Copyright 52