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WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its designpatent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. designpatent system.
So much so that the post-1902 Act regional circuit designpatent cases invalidating designpatents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.
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). See TTABlog comment 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.
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 designpatents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.
The Defendant argued that the suit design was published prior to the date of registration under a different trade name. What has to be seen is whether the coolers bearing the suit design were available online prior to the date of application, by the plaintiff, for registration of the design.
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. Registration No. Registration Date. January 6, 2015.
This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Among the patents were a ring, pendant and necklace with the panther design.
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.
” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 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. ” [8].
About the Design Law Treaty: At its core, the DLT aims to simplify and harmonize the procedural requirements for obtaining registered industrial design rights across national and regional intellectual property (IP) offices. In the US, these are designpatent rights.
1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 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. The application process for a designpatent is simple.
77545810, 2013 TTAB LEXIS 4, at *22] (TTAB 2013), the applicant applied for registration of the three-dimensional configuration of packaging for pet food. For completeness, the Board noted that applicant owns a designpatent, which "appears to cover" the proposed mark. 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. The question for designpatentability is whether the design is the only one that works.
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