JD Supra Law

JANUARY 13, 2023

Big changes to design patent invalidity law may be coming. 398, 419 (2007). A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits the obviousness inquiry” in KSR v. Teleflex, 550 U.S.

Design Patent 56

Design Patent Design Designs Patent 56

Olartemoure Blog

AUGUST 4, 2023

Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs. Some examples of beer glasses design patents in the US: BEER GLASS US D954,504 S Inventors: Nicolas Brouillac Assignee: PEUGEOT SAVEURS Date of Patent: Jun. Date of Patent: Feb.

Design Patent 52

Design Patent Design Designs Inventor 52

JD Supra Law

JULY 13, 2023

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the Supreme Court’s 2007 decision in KSR v. 398 (2007). Teleflex, 550 U.S. In the case, captioned LKQ Corp.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

JULY 14, 2023

Granting a petition for rehearing en banc, the US Court of Appeals for the Federal Circuit decided to revisit the effect of the Supreme Court’s 2007 decision in KSR International v. Teleflex on design patents. The Federal Circuit withdrew its earlier panel decision addressing KSR’s application to design patents. 21-2348 (Fed.

Design Patent 52

Design Patent Design Designs Patent 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Design 59

Design Designs Design Patent Branding 59

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

JULY 10, 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.

Design Patent 52

Design Patent Design Designs Patent 52

TorrentFreak

MARCH 19, 2024

In 2007, Netflix shifted from distributing optical media via the mail to streaming content online. From a standing start alongside these innovative products in 2007, within a year SeriesYonkis would establish itself as one of Spain’s most-visited sites.

Intellectual Property Law 124

Intellectual Property Law Intellectual Property Law Copyright 124

JD Supra Law

DECEMBER 22, 2023

The patentee provided evidence to prove that BAS-342G computerized embroidery machine has been sold in the Chinese territory since 2007. As manufacturer and dealer specialized for sewing machine and parts thereof, the infringer is capable to and may access the subject software.

Copyright 72

Copyright Design Designs 72

Plagiarism Today

MAY 23, 2022

Turnitin launched in 2000, Audible Magic began providing a similar service for audio files in 2002 and YouTube’s Content ID System debuted in 2007. The various anti-copying tools we have available were designed to solve a very specific problem that existed on the internet over 20 years ago. Bottom Line.

Plagiarism 249

Plagiarism Copying Social Media Technology 249

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. First, they must be novel (i.e., Telflex, Inc.,

Design Patent 52

Design Patent Design Designs Patent 52

LexBlog IP

JULY 13, 2023

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the Supreme Court’s 2007 decision in KSR v. 398 (2007). Teleflex , 550 U.S. 2d at 391 ).

Design Patent 52

Design Patent Design Designs Patent 52

The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. 82 USPQ2d 1629, 1640 (TTAB 2007). Hard to swallow?

Design 58

Design Designs Registration Business 58

TorrentFreak

JUNE 22, 2023

Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. Around October 4, 2007, Bencko sent an email to van der Kolk asking for a favor. ” Less than two weeks later an apologetic Bencko emailed again.

Graphic Design 145

Graphic Design Reporting Design Designs 145

Patently-O

OCTOBER 25, 2021

Taylor having suffered from his disabilities since he left the Army in 1971, the VA is refusing to provide backpay for the time between his service and when he filed his benefits claim in 2007. Mr. Taylor did so in early 2007. The VA responded to the claim by awarding monthly disability benefits with an effective date of 2007.

Government 119

Government Law Patent Blogging 119

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]

Design Patent 52

Design Patent Design Designs Patent 52

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Design 52

Design Designs Trademark Intellectual Property 52

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Teleflex (2007) cautioned that the TSM test shouldn’t be interpreted restrictively.

Invention 111

Invention Art Design Designs 111

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. PROCEDURE.

Design 40

Design Designs Registration Copying 40

JD Supra Law

MARCH 14, 2023

The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic tailoring with American sportswear. By: Haug Partners LLP

Design 52

Design Designs 52

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Design 84

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98

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 3d 100 (Fed.

Design Patent 40

Design Patent Design Designs Patent 40

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

APRIL 21, 2023

In 2007, Nicklaus sold his intellectual property portfolio and course design services, to real estate developer Howard Milstein’s Nicklaus Companies LLC, for $145 million. By: ArentFox Schiff

Intellectual Property 52

Intellectual Property IP Design Designs 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years. Patent Nos.

Patent Infringement 52

Patent Infringement Design Patent Patent Design 52

SpicyIP

NOVEMBER 29, 2021

Considered a part of ethnic wear, Kurtas have different varieties depending on their design and fabric. To the western world, Kaftan-like dresses were introduced by designers such as Paul Poiret and Mario Fortuny in the early 20 th century. No community or individual per se have any protection over the kurta.

Intellectual Property 115

Intellectual Property Journalism Design Designs 115

Intellectual Property Law Blog

DECEMBER 21, 2023

Regarding legislative history, the Federal Circuit noted that the AIA provided for PGRs “designed to allow parties to challenge a granted patent through a[n] expeditious and less costly alternative to litigation.” Introduction of Patent Reform Act, 153 Cong.

Litigation 147

Litigation Patent Art Designs 147

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. Text Copyright John L. Welch 2022.

Public Domain 72

Public Domain Design Designs Registration 72

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. The validity of the design right(s) to the Crompouce® might be a topic for another post.

Cease and Desist 76

Cease and Desist IP Trademark Design 76

Patently-O

JULY 8, 2022

This particular formulation is in liquid form and the active ingredient is designed for slow release. As you can see, there was a substantial rise in its use beginning in 2006 during the lead-up to KSR (2007). .” This is the same drug found in Ritalin and used to treat ADHD and other neurological concerns.

Art 124

Art Marketing Marketing Patent 124

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

In 2007, the Ninth Circuit in Perfect 10 v. In 2007, the Ninth Circuit in Perfect 10 v. While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. The Minority Opinion.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

Selvam & Selvam Blog

APRIL 4, 2021

It has been noted that determining whether infringement has taken place or not with regard to patents, designs and geographical indications could be challenging for Customs officers in the absence of a judicial pronouncement that would require mere implementation of the same. 41 /2007-Customs dated October 29, 2007.

Intellectual Property 52

Intellectual Property Design Designs Trademark 52

IPilogue

MARCH 10, 2023

At the heart of the case was Adidas’ iconic three-stripe design, which the company claimed was being infringed upon by Thom Browne’s four-striped signature. This prompted Adidas to reach out to the designer in 2007, citing the similarity between the two brands’ designs.

Trademark 59

Trademark Branding Brands Branding 59

IP Law 360

AUGUST 9, 2022

A wireless technology expert testifying for Apple told a California jury Tuesday that the company's 2007 iPhone Bluetooth headset and some patents filed years ago served as a precursor to its modern-day AirPods, thus rendering "everything" in Pinn Inc.'s s wireless earbud design patents "obvious."

Design Patent 40

Design Patent Patent IP Design 40

Technology & Marketing Law Blog

DECEMBER 11, 2023

2007)) and the “ My Other Bag ” tote bag (Louis Vuitton Malletier, S.A. What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. Every commercial parodist trades on the goodwill of the famous trademark it mocks.

Blogging 130

Blogging Trademark Branding Brands 130