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Precedential No. 34: "IFG" Fails to Function as a Trademark For Live Plants Because It's a Varietal Name

The TTABlog

2006), upheld the USPTO’s long-standing precedent and practice of treating varietal names as generic, affirming the Board’s ruling that the term “Rebel,” as a varietal name for a type of grass seed failed to function as a mark. The CAFC in In re Pennington Seed Co. , 3d 1053, 80 USPQ2d 1758, 1761-62 (Fed. more than five years old - ed. ]

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Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9].

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Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9].