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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).
This case led the way in designpatent 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.
Applying the Morton-Norwich factors, and giving some weight to applicant's designpatents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven designpatents for rocking chairs of the same or a very similar configuration. pdf here ]. Welch 2023.
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 designpatent. Designpatents are great for new designs that are expected to be sold beyond a single year or season. ” [8].
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 DesignPatents are for a variety of powder guns and spray equipment. January 6, 2015. Registration Date. OPTISELECT. May 16, 2017.
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 designpatent. Designpatents are great for new designs that are expected to be sold beyond a single year or season.
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.
The Board affirmed a Section 2(e)(5) functionality refusal to register the product configuration shown below, for "fire extinguishing preparations," finding that applicant's advertising and its utility patents "establish the functional benefits of Applicant's proposed mark." "The indicates that the design is not de jure functional.
Applicant Kason's ownership of a designpatent for the same design "presumumptively indicated that the design is not de jure functional," In re Becton, Dickinson and Co. , but utility patent evidence overcame that presumption. Kason spent approximately $34,480 on advertising. Welch 2025.
Sex toys don’t seem to have been added until 2015. Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a designpatent, would need to flip up and fry an egg. They’ve changed the design, but still claim authenticity: the authenticity is the brand.
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