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. 2d at 391).

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Design Patent Designs Design Patent 52

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. 2008) (en banc) and its key predecessor Smith v. 2008) (en banc). 2021-2299 (Fed.

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Design Patent Art Designs Design 81

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002. Article 4.3

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Designs Design Intellectual Property Registration 90

Patently-O

APRIL 20, 2024

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. 2008) (en banc) and Gorham Co. Patent D657,093. Swisa, Inc. ,

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Design Patent Art Designs Design 69

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

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Designs Design Public Domain Advertising 107

LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”). ” 10 F.4

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Design Patent Designs Design Patent 52

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.

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Design Patent Designs Design Patent 52

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

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Designs Design Intellectual Property Registration 52

Patently-O

JULY 5, 2022

Recently, we wrote about the small number of mandamus decisions on transfer of venue that the Federal Circuit has designated as precedential and about how those precedential decisions are unrepresentative of overall outcomes. Table 1: Federal Circuit Panel Appeal Rulings, 2008 through 2021. from 2008 through 2021.

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Reporting Law Designs Design 78

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). This phenomenon is largely due to the double-digit annual growth rates recorded in 6 out of the last 15 years, despite the small declines seen in 2008 and 2009.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

Olartemoure Blog

JULY 17, 2023

Mattel countersued, arguing that Carter Bryant , the designer of Bratz and a former employee of Mattel, had created the dolls while working for Mattel under a contract that stated all his designs were the property of Mattel, thereby making the Bratz design Mattel’s intellectual property.

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Intellectual Property Contracts Design Designs 52

The TTABlog

AUGUST 3, 2022

Petitioner claimed a first used date in 2008. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Natural Dog Acquisition LLC v. Pet Go Round of Greensboro , Cancellation No.

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Law Registration Designs Design 52

Plagiarism Today

OCTOBER 25, 2021

The lawsuit was filed by Jocelyn Susan Bundy, who claims that her grandfather created the design based on Dante’s Inferno. Publishers, predictably, are seeking a higher royalty rate while streamers want a much lower one, one that, in some cases, would be below 2008 levels. Let me know via Twitter @plagiarismtoday.

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Music Publishing Fair Use Journalism 204

The IPKat

JUNE 13, 2022

Background of the case The case relates to names designating a coach transportation company in the Netherlands. The Supreme Court faced the question whether valid earlier rights in the sense of article 6(2) of Directive 2008/95 could exist if they no longer can be invoked due to acquiescence.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. 2008) (en banc). Columbia Sportswear North America, Inc. 2021-2299, — F.4th

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Design Patent Art Design Designs 82

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. of Regulation 479/2008), and therefore excluded from protection? Image from Pixabay.

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LexBlog IP

DECEMBER 18, 2023

13/2008 on the Interim Real Estate Register. Firstly, buyers must be aware of designated areas for foreign ownership, known as freehold properties, as per UAE laws. 13/2008, modified by subsequent laws, outlines procedures for purchasers violating off-plan sale contracts. Such contracts are considered invalid.

Contracts 52

Contracts Due Diligence Registration Ownership 52

IIPRD

NOVEMBER 7, 2024

1] This can be best illustrated with some of the recent battles over whether rights in newly developed software or innovative design belong to the employee or the employer, often culminating in expensive lawsuits and affecting workplace politics. 3] AIR 2015 SUPREME COURT 3479. [4]

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Intellectual Property Ownership Journalism Contracts 52

Kashishipr

AUGUST 25, 2021

Ferrari registered the trademark to protect the shape of its 250 GTO model back in 2008, despite only having manufactured the cars between 1962 and 1964. Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period.

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Editing Law IP Design 105

Patently-O

JUNE 15, 2022

Overall, from 2008 through 2021, the Federal Circuit granted 37.3% As an empirical matter, the Federal Circuit designated only 4 of the 34 recent mandamus decisions reviewing Judge Albright as precedential. The Federal Circuit granted twenty of those petitions, or 58.9%. But that is far from true. And all 4 were grants.

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Law Government Patent Infringement Designs 91

LexBlog IP

SEPTEMBER 18, 2023

13/2008, as amended, mandates that developers register all dispositions of off-plan properties in the Interim Register (Oqood), maintained by the Dubai Land Department. 14/2008, enhances transparency and accountability in financial transactions related to luxury real estate. Article 3 of Dubai Law No.

Marketing 52

Marketing Marketing Due Diligence Registration 52

The IPKat

SEPTEMBER 28, 2021

The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. Issued also by the State Council of China, ‘The Outline’ (2008) led intellectual property to rise to the level of national strategy, commencing a series of measures in the years that followed.

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Intellectual Property Invention Government Patent 73

The IPKat

OCTOBER 31, 2024

It involves the iconic skull bottle of Crystal Head Vodka and a hauntingly similar skull-shaped bottle design. Globefill also owns EU design no. 000874268-0001 , registered in 2008 for ‘bottles’ with the following views: The EUIPO rejected an application for invalidity against this design (decision here ).

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Cease and Desist Art Designs Design 60

The TTABlog

JUNE 8, 2023

The Court ruled that, since VPI was (concededly) using its comedic design as a source indicator, Grimaldi did not apply. Sherman , 88 USPQ2d 1581, 1592 (TTAB 2008) (“In finding that the marks are not similar, we have given no weight to applicant's argument that his mark is a parody. See Boston Red Sox Baseball Club LP v.

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LexBlog IP

MARCH 3, 2023

In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. 2008) (emphasis added). Skull Shaver LLC. IdeaVillage Products Corp.,

Design 52

Design Designs Design Patent Art 52

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Therefore, ARSA claimed, it had priority of use dating back to 2008. The Board found that, beginning in 1999, applicant began selling its EUCALIN product in the United States.

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Ownership Litigation Registration Business 40

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. Payless ShoeSource: This 2008 case highlighted the importance of protecting a trademark within the fashion industry. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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Branding Branding Brands Trademark 94

The TTABlog

OCTOBER 9, 2024

In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services. TTABlogged here ].

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Branding Branding Brands Registration 62

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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Artistic Work Design Designs Copyright 45

The TTABlog

JUNE 11, 2024

The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. 2008 TTAB LEXIS 19, at *55 (TTAB 2008)." Jackson Int’l Trading , 2012 TTAB LEXIS 246, at *6; Hornby v.

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Registration Service Mark Government Trademark 51

IP and Legal Filings

JUNE 26, 2021

Introduced in 2008, the Limited Liability Partnership Act, 2008 regulates the LLP, wherein a minimum of two partners are required to incorporate an LLP, with no upper limit on the maximum number of partners of an LLP. Obtaining a Designated Partner Identification Number (DPIN) is mandatory for all the Partners.

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The TTABlog

OCTOBER 6, 2023

In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use (for purposes of Section 45) of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services.

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Branding Branding Brands Advertising 67

IP and Legal Filings

APRIL 12, 2023

However, registrar must be cautious to give a mark a status of well-known trademark because once a trademark is designated as well-known, no one else is permitted to use a mark that is even remotely comparable to it. 264/2008. [vi] 279/2008 in CS (OS) 41/2008. ii] The Trademarks Act, 1999, Section 2 (1) (zg).

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Trademark Branding Branding Brands 97

IP.com

MARCH 12, 2024

With the leap in technological accessibility since smartphones hit the market in 2008/2009, it opened up an entirely new market revenue channel for the gaming industry. and how similar some are to Game Freak’s own Pokémon designs. Why is this relevant to IP rights today? Download our ai resource pocketpair.jp

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Copyright Infringement Copyright Intellectual Property Marketing 52

Garrigues Blog

DECEMBER 6, 2022

The Opposition Division held that “it is undeniable that these products are often sold as luxury items of famous well-known designers and manufacturers. However, the reality of the market is quite different, since companies are increasingly operating under the same brand in the clothing, footwear, jewelery, watch and accessories industries.

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