Remove 2015 Remove Designs Remove Marketing
article thumbnail

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.

article thumbnail

Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v. WHAT IS TRADE DRESS?

Brands 98
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Market Value of Chinatown’s Culture

IPilogue

Founded in 2016, Los Angeles-based streetwear brand formerly known as Chinatown Market offers everything you’d need to fit in on Fairfax Avenue. Appearing on the “ Business of Hype with jeffstaple ” podcast, founder Mike Cherman cites the New York street markets that he visited as a kid as inspiration for its name. Photo from Market.

Marketing 105
article thumbnail

AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

article thumbnail

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. Vidal (4th Cir.

Designs 74
article thumbnail

Guest Post by Prof. Burstein: Design patents: Line drawing & Locarno

Patently-O

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. 161, 219–20 (2015) (footnotes omitted).

article thumbnail

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