SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

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Patently-O

SEPTEMBER 17, 2023

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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Design Patent Patent Infringement Designs Design 70

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

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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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LexBlog IP

DECEMBER 21, 2023

Slaughter for the Central District of California granted motions for summary judgment against a screenwriter’s claims that the creation of Ad Astra , the 2019 Brad Pitt film, had infringed on a script he had written. [1] District Judge Fred W. Phillip Madison Jones, the screenwriter, sued Twentieth Century Studios, The Walt Disney Co.,

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Copying Contracts Copyright Infringement Television 52

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

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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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Patently-O

AUGUST 23, 2021

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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Design Patent Designs Design Patent 89

Likelihood of Confusion

JUNE 1, 2024

An appropriate question: This design squatting (I don't know what else to call it) is astounding in its utter shamelessness. link] — Sarah Burstein (@design_law) June 27, 2019 Funny thing: In certain contexts (or, perhaps, all contexts?), Sarah Burstein, by way of Julie Zerbo, or is it the other way around?

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 15, 2023) , the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of design patent cases.

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IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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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 Designs Design Patent 52

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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JD Supra Law

JULY 5, 2024

Opinion by Lourie, joined by Moore and Albright (sitting by designation). In 2012, the FDA approved Vascepa for the treatment of severe hypertriglyceridemia (“the SH indication”), and in 2019, the FDA approved it for reducing. By: Alston & Bird

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Branding Brands Branding Designs 71

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

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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. Union of India order, passed in 2019, after the rejection of Microsoft ’s application to the patent office.

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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

Garrigues Blog

JULY 27, 2021

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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LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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Design Patent Art Designs Design 52

LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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Designs Design Inventor Design Patent 52

LexBlog IP

JUNE 14, 2022

design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2012. design patents.

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”). ” 10 F.4

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Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. Prior AADC coverage : Some Memes About California’s Age-Appropriate Design Code (AB 2273). An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC). Comments on CA AB 2273, The Age-Appropriate Design Code Act).

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The IPKat

JANUARY 30, 2022

The EUIPO’s Board of Appeal recently addressed whether consumables shall be regarded as component parts of complex products ( R2843/2019-3 ). 4(2) Design Regulation. The decision in R2843/2019-3 concerned an invalidity application brought against Community design No 1 292 122-0001. 4(2) is not met. 4(2) is not met.

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Art Designs Design 133

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Designs Design Patent Application Intellectual Property 52

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct. Under 35 U.S.C. §

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Design Patent Designs Design Patent Law 52

LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. The ’550 application claims “an ornamental design for a lip implant.”

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The IPKat

JUNE 21, 2023

An Italian cat reflecting on jurisdiction Background On 13 January 2021, German company Bulthaup GmbH & Co. (iii) 4884 Italian Supreme Court). Comment The issue related to claims for declaration of non-infringement, especially on an interim basis, has been discussed for a long time and has come under the scrutiny of courts multiple times.

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Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

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SpicyIP

AUGUST 10, 2023

5 September 2019 The petitioner instructed the Indian Patent Attorney to file the application. 6 September 2019 The 31 months’ time period from the priority date (i.e. 1 October 2019 The petitioner filed the National Phase Application before the Controller of Patents; but it was returned on 3 October 2019.

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SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Intellectual Property 52

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

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Intellectual Property Designs Design Design Patent 105

Garrigues Blog

JUNE 14, 2022

The information contained in the WIPI Report 2021 is particularly relevant since it compares the 2019 Indicators with the 2020 Indicators. To start with, it was thought that the COVID-19 pandemic would lead to a slowdown when comparing the 2019 and 2020 figures. As opposed to 2019, growth was due to an 8.3% Industrial designs.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. 2019); Int’l Seaway Trading Corp. Columbia Sportswear North America, Inc. 511 (1871).

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