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China’s Rise in U.S. Design Patent System

Patently-O

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system.

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Guest Post: Design Protection and Functionality: Does the PTO or the Copyright Office Apply a More Rubbery Stamp?

Patently-O

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents 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.

Designs 75
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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). See TTABlog comment 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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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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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. Registration No. Registration Date. January 6, 2015.

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Protection of Jewelry in India: Copyright or Design?

IP and Legal Filings

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.

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