This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Originally posted on February 21, 2012. This was–I thought–my kind of blog post: a guest post on Duets Blog by graphic designer Ellie Drotning: When I hear a well-known brand has. The post Best of 2012: When brands let us down appeared first on LIKELIHOOD OF CONFUSION™.
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.
However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.
Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2
In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.
design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2021 was still greater than the number of U.S.
Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2
The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. The result in this change has been a very dramatic reduction in trade mark and design cases heard by the CJEU.
Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable results in Inter Partes Reviews (“IPRs”) and Post Grant Reviews (“PGRs”) than utility patents. For example, the institution rate for design patents is about 38% compared to roughly 65% for utility patents.
Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.
After many years of controversy, the Council of State ultimately decided that growers of the 'Kalamata' variety can continue to use the name, even if the production took place outside the area protected by the Protected Designation of Origin (PDO) of the same name.
If you wanted to become a pirate tomorrow, you could go online and find organizations that provide Piracy as a Service, they’ll give you content, they’ll give you a distribution platform, they’ll design your user interface, quite sophisticated.” As you know, we tried this maybe 13 years ago.
In its ruling delivered last week, the Court of Justice of the European Union (CJEU) found that Denmark had breached its obligations under Regulation (EU) No 1151/2012 , by failing to stop the use of the Greek PDO “Feta” on cheese produced in Denmark and intended for export outside of the EU (case C-159/20 ). However, it argued that Art.
After being indicted along with the others in 2012, the Estonian was reported as living in the Netherlands. 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.
On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.
Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. Background On 17 November 2012, the predecessor of M&T 1997, a.s. (‘M&T’), 25(1)(b), 6 Community Design Regulation , ‘CDR’).
by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. 66 (2012), and Alice Corp. Prometheus Laboratories, Inc. , CLS Bank International , 573 U.S. 208 (2014).
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.
In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts that amount to piracy of registered designs and remedies. Acts amounting to piracy of registered design.
The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Work #4: posted in 2012 to Instagram and got 92 likes and 11 comments. Target Corp.
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.
In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts of piracy of registered designs and remedies. In this article, we shall explore the acts of piracy of registered designs and remedies.
Prometheus (2012) applies equally to software and technology patents. GM is perhaps as dramatic a change for the design patent arena as Alice was for utility patents. The overall effect is to make it easier to find a design patent obvious. Vidal released examination guidance to the design corps the next day.
With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that. respectively.
Often lurking outside the spotlight of EU IP law, Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) pose their distinctive set of legal requirements. When you add to this an application from a non-EU country, you get the following. No modifications were made.
design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2012. design patents.
ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.” Most recently, in December 2012, the USPTO. 18, 2012)). consider in designing a small claims patent court. consider in designing a small claims patent court.
Opinion by Lourie, joined by Moore and Albright (sitting by designation). In 2012, the FDA approved Vascepa for the treatment of severe hypertriglyceridemia (“the SH indication”), and in 2019, the FDA approved it for reducing. Hikma Pharmaceuticals USA Inc., 2023-1169 (Fed. June 25, 2024).
The European Court of Justice (ECJ) recently ruled on the possibility of claiming protection for a part of a product or a component part of a complex product as an unregistered Community design. Ferrari filed an appeal on a point of law before the German Federal Court of Justice ( Bundesgerichtshof ). The decision of the ECJ.
i) Pursuant to the general rule in Article 4 of Regulation (EU) No 1215/2012 , an Italian court has no jurisdiction over claims brought against German companies established in Germany. An Italian cat reflecting on jurisdiction Background On 13 January 2021, German company Bulthaup GmbH & Co.
The case, filed in 2012 in the U.S. District Court in New Mexico, alleged that UO infringed the NAVAJO trademark in a way that inaccurately linked the Navajo Nation with designs printed on UO garments. On August 15, Chinatown revealed their rebrand and began promoting new designs emblazoned with their new name, “Market”.
Both Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) rely on the origin link (e.g., The empirical analysis presented in Chapter 4 discusses the evolution of the EU GI regime after Regulation 1151/2012 on quality schemes for agricultural products and foodstuffs.
1151/2012 by failing to prohibit the use of the Greek PDO "Feta" on cheese produced in Denmark and intended for export outside the EU (Case C-159/20), and our GuestKat Anastasiia Kyrylenko has written a related post on the subject! It's time to relax and briefly recap last week's posts on IPKat!
In reality they are massively simplified and carry nothing like the maximum sentences available for the offenses listed in the US superseding criminal indictment dated January 16, 2012. Whether by design or not, the charges above may have copyright infringment as the underlying acts but they seem to pose no threat to the status quo.
Puma first applied for the trademark PROCAT in 2012 for its sub-brand of youth sporting accessories. Caterpillar shortly opposed the application, asserting that, inter alia , the PROCAT mark was confusing with Caterpillar’s own CAT & Triangle Design [shown below].
Kat readers interested in EU design law likely remember the textbook case concerning the validity of a design for a shower drain. This case, which reached the Court of Justice (CJEU ) in 2017, discussed whether the same public shall be considered when examining novelty, and individual character a design, respectively.
In April 2024, BioPharmaTrend published a comprehensive review of the past and current state of artificial intelligence (AI) drug discovery, using the 2012 advent of modern deep learning as a starting point. By: Foley & Lardner LLP
Various elements constitute the expression of a game—such as the graphic design, voice acting, and character design. The same principle also applied in a 2012 American case Tetris Holding , in which the court ruled that a game’s look and feel could be copyright protected.
Each document states that Australia/NZ will make all reasonable efforts to join the UK as members of the Hague Agreement, which provides an international registration system for industrial designs. agreed to join the Hague Agreement on Industrial Designs’ This is not true. Article 17.1(5) Read more »
On appeal, the Federal Circuit added a footnote concluding that it would not have been insider trading: “Selling the stock to comply with ethical obligations is not insider trading, as was made clear in the Stop Trading on Congressional Knowledge Act of 2012 (“STOCK Act”), Pub. 291, 298 (2012).” 112–105, 126 Stat.
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. Subsequently, the patent application was rejected in September 2020.
Background In 2011, Austrian applicant Gabriele Schmid successfully applied for a figurative mark, which displays the official EU symbol for protected geographical indications (‘the PGI symbol’) within the meaning of Regulation (EU) 1151/2012. The PGI symbol is depicted below.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content