Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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Registration Design Designs Intellectual Property 59

SpicyIP

MARCH 7, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. In contrast, the 2017 guidelines were far more relaxed. Microsoft v.

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Design Designs Patent Invention 103

The TTABlog

JANUARY 17, 2024

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name.

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Design Designs Registration Service Mark 67

IP Law 360

FEBRUARY 9, 2022

The Third Circuit on Wednesday backed a lower court decision tossing FastShip LLC's 2017 trade secrets lawsuit against Lockheed Martin as filed one year too late, pointing to a 2010 memo from the ship design company's founder recognizing it had potential claims against the defense contractor.

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IP Law 360

JUNE 30, 2023

The full Federal Circuit agreed Friday to review whether tests for proving that a design patent is obvious have been overruled by U.S. Supreme Court precedent, taking up a dispute involving a General Motors unit in the court's first en banc review of a patent case since 2017.

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Design Patent Design Designs Patent 40

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Design Designs Patent 57

JD Supra Law

MARCH 7, 2022

the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). 2021 was no different with 254 new design patent cases filed. Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the

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Design Patent Designs Design Patent 52

LexBlog IP

SEPTEMBER 27, 2021

Ct 1002, 1007 (2017). ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v.

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Design Designs Copyright Artistic Work 52

Indiana Intellectual Property Law

JUNE 17, 2022

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures.

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Copyright Infringement Designs Design Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

Columbia first sued Seirus in 2013 in federal court in Washington, alleging infringement of its design patent by the HeatWave fabric included within Seirus’ HeatWave products. Prior to trial, the Oregon court entered judgment that the design patent was not invalid and granted summary judgment of infringement of the design patent.

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Design Patent Design Designs Patent 95

The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment.

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Design Designs Registration Social Media 70

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

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Design Designs Copying Art 52

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017.

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Design Designs Law Trademark 67

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Design Designs Patent 52

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

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The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

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Design Designs Registration Copying 52

JD Supra Law

SEPTEMBER 2, 2022

6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. Plastic Indus. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept.

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Designs Design Law Patent 98

Plagiarism Today

NOVEMBER 16, 2022

The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online. 2: Ruling Opens the Door to Protecting Room Design Under the Copyright Act. The case was brought by LDC Hotels & Resorts against Sheraton Taitung Hotel.

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Registration Designs Design Copyright 209

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. I’ve blogged this case three times before, in 2017 , 2018 and 2020. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design.

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Design Designs Litigation Blogging 120

JD Supra Law

MAY 8, 2024

In 2017, tattoo artist James Hayden filed the lawsuit over 2K Games’ realistic portrayals of his tattoo designs on its popular basketball player avatars. The case of Hayden v. 2K Games, Inc. involving a tattoo artist’s copyright battle against the gaming giant, 2K Games, was decided earlier this month.

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Copyright Designs Design 61

TorrentFreak

JUNE 6, 2024

In 2017, Trading Standards went on record stating that streaming consumers had nothing to fear under copyright law, a position supported – albeit briefly – by the European Commission. Early 2017: Not Illegal. Early 2017: Not Illegal. No carefully crafted sentences designed to mislead.

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Copyright Law Reporting Copyright Design 102

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

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Design Designs Art Marketing 64

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Pro Boxing Supplies, Inc. ,

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Trademark Designs Design Licensing 95

LexBlog IP

OCTOBER 20, 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

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Designs Design Design Patent Intellectual Property 52

Garrigues Blog

NOVEMBER 11, 2021

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

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Designs Design Registration Blogging 52

IP Watchdog

AUGUST 2, 2021

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.

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Patent Prosecution Patent Designs Design 130

The IPKat

OCTOBER 30, 2022

Kat readers interested in EU design law likely remember the textbook case concerning the validity of a design for a shower drain. This case, which reached the Court of Justice (CJEU ) in 2017, discussed whether the same public shall be considered when examining novelty, and individual character a design, respectively.

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Designs Design Art Law 73

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

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IP Art Designs Design 111

LexBlog IP

AUGUST 15, 2022

In 2017, the County of Orange, a political subdivision in the state of California, applied for trademark registration of a circular and badge design shown below. The TTAB held that it was irrelevant that the circular design was not an official seal approved by the Board of Supervisors. .” Source: Op. 2 Source: Op.

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Design Designs Government Registration 52

IP Watchdog

JANUARY 17, 2022

filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively. Applicant U.S. Software Inc.

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Trademark Designs Design Patent 128

Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

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Cease and Desist Licensing Television Designs 178

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

SpicyIP

OCTOBER 20, 2023

Image by Freepik A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline (..)

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Patent Application Designs Design Invention 64

TorrentFreak

JANUARY 15, 2024

A private prosecution brought by the Federation Against Copyright Theft alleged that Longbottom’s operation ran from August 2015 to May 2017. Caravan Static, Longbottom On the Move Officers from Greater Manchester Police raided Longbottom’s caravan in January 2017, but the entrepreneur wasn’t home, or even in the UK.

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Copyright Brands Branding Branding 98

Patently-O

FEBRUARY 3, 2023

The phrase comes from Lizzo’s 2017 song Truth Hurts (remade in 2019) that has become a viral sleeper hit. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. The original line in the song is “I just took a DNA test, turns out I’m 100% that b h.”

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Registration Trademark Social Media Designs 128

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

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Registration Design Designs Copying 40

SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The syllabus for the Trademarks Agent Exam is- Trade Marks Act, 1999 & Trademarks Rules, 2017(as amended) & matters related to IP Jurisprudence.

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