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Registering Product Design and the Functional Limitation

Patently-O

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

Designs 74
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Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

LexBlog IP

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. Annotated versions of Figure 1 of U.S.

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“No Whisper of Urgency”: HP HC Dismisses Infringement Suit for Not Complying with the Mandate on Pre-Institution Mediation 

SpicyIP

. & Another , dismissed a patents and designs infringement suit for failing to comply with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015. A technical expert had also confirmed the alleged infringement in December 2023.