LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status.

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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. 1727 (2007).

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IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

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LexBlog IP

JULY 7, 2023

Last week, the Federal Circuit decided to consider, en banc , whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. In re Rosen , 673 F.2d

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Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant.

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LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Design Patent (overall design; partial claiming).

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43(B)log

FEBRUARY 3, 2023

When Design Within Reach started, it said in its 2007 10K: “our competitors believe they have exclusive rights” in some of their proudcts, including some of their best selling items, which were reproductions. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v.

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Intepat

MAY 28, 2024

Apple has become one of the largest companies globally due to its strategic use of intellectual property rights. This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011.

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LexBlog IP

APRIL 25, 2023

GM Global Technology Operations LLC [2] , a pair of per curium opinions designated nonprecedential, the Federal Circuit recently rejected arguments that the Supreme Court’s KSR Int’l v. 3] decision overruled the tests for obviousness of design patents established in Durling v. 398 (2007). [4] Telflex, Inc. [3]

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LexBlog IP

FEBRUARY 15, 2022

Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath. Under the on-sale bar, both design and utility patents will be invalid where “the invention was. on sale in this country, more than one year prior to the date of the application for patent in the United States.”

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