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TTAB Affirms Section 2(e)(5) Functionality Refusal of Serrated Knife Blade

The TTABlog

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

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Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

This case led the way in design patent damages and underscored the importance of innovation protection in a fast-moving technology sector; it also pointed out how difficult it has become to distinguish functional from ornamental features on modern electronic devices. [2] 3d 983 (2015). 3d 983 (2015). [3] 47 of 1999.

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TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. pdf here ]. Welch 2023.

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Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. ” [8].

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Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

Indiana Intellectual Property Law

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment. January 6, 2015. Registration Date. OPTISELECT. May 16, 2017.

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Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

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SpicyIP Weekly Review (October 16- October 22)

SpicyIP

However, the High Court seemingly missed taking into account a key detail that the relevant copyright infringement suit was disposed of in 2015. The plaintiffs alleged that the defendant was advertising, manufacturing, and selling a similar product under the mark ‘BRAVOGARD,’ which infringed on their patent and trademark.

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