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Obviousness of a Design Patent

Patently-O

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

3, 2021) The parties compete in the market for custom landscape design services. “[I]n McCleese registered copyrights for his photos in 2019. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm.

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A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’

SpicyIP

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? It alleged infringement by the Hermes Distillery’s use of an allegedly similar ‘PEACE MAKER PRESTIGE WHISKY’ label, which the latter introduced in 2019. image below). Glass Half-Full, Half-Empty?

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Five Widely Recognized Brands Accused of Being Copycats in the Market

Kashishipr

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

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World Intellectual Property Indicators 2020 or how all roads lead to China (ii): trademarks, industrial designs and creative industry  

Garrigues Blog

The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Industrial designs. Trademarks.

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EU enforcement of IPRs: the DG TAXUD and EUIPO’s joint report

The IPKat

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

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