The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

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The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

Designs 56

Designs Design Intellectual Property Art 56

Intellectual Property Law Blog

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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The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Designs Design Art Litigation 126

IP Watchdog

MAY 8, 2022

Patent and Trademark Office’s (USPTO's) new director wasted no time getting down to business in terms of protecting design innovation in the United States. This report summarized public comments received in response to a December 2020 request by the USPTO. manufacturers. manufacturers.

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Designs Design Design Patent Technology 104

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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Intellectual Property Designs Design Trademark 52

The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Consequently, no copyright infringement could be found.

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Designs Design Art Intellectual Property 70

Patently-O

APRIL 27, 2022

In December 2020, the USPTO put out a request for comments on “The Article of Manufacture Requirement.” (For Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. But projected designs aren’t new. Projected designs are simply not some new, unforeseen concept.

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Design Patent Designs Design Patent 69

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work 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. In particular, Section 1213.2

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Registration Designs Design Copying 130

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

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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.

Designs 60

Designs Design Registration Intellectual Property 60

The IPKat

JANUARY 10, 2022

The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Originally planned for 2021, the Commission’s proposal to review the Design Directive and the Design Regulation is to be unveiled in the second quarter of 2022.

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Designs Design Intellectual Property Publishing 141

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

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Litigation Settlement Marketing Marketing 52

IPilogue

AUGUST 5, 2022

IP, design, development, and engineering are cornerstones of this sport, with teams having to design, build, and race their cars. With large sums of prize money at stake and teams’ inability to patent the designs on which they spend millions in innovation , F1 is in a difficult position. New Name, Same Concerns?

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Designs Design IP Intellectual Property 104

JD Supra Law

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. 2020-1940 (Oct. In this decision, captioned In re: SurgiSil, L.L.P. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal….

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Design Patent Designs Design Patent Law 98

JD Supra Law

MARCH 10, 2022

Like 2020 before it, 2021 has been a year of change for global design protection. Countries like Korea continue to update their rules to deal with the realities of modern, virtual design. China enacted a big modernization to its design laws, bringing them more in line with international norms.

Designs 52

Designs Design Design Patent Law 52

IP Tech Blog

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. 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.

Design Patent 57

Design Patent Designs Design Patent 57

JD Supra Law

MARCH 4, 2022

Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020. Specifically, the design patent institution rate reached only 27%.

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Design Patent Designs Design Patent 52

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.

Designs 124

Designs Design Intellectual Property Editing 124

LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

Designs 40

Designs Design Design Patent Litigation 40

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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Designs Design Art Intellectual Property 73

JD Supra Law

MARCH 9, 2022

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general exclusion order (GEO)—issued in Section 337 investigations by the US International Trade Commission (ITC).

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. 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.

Design Patent 52

Design Patent Designs Design Patent 52

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. In 2020, the intermediate court affirmed that decision 2-1. The Facts. In 2018, the intermediate court reversed.

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Designs Design Litigation Blogging 114

LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. In addition to challenging the Federal Circuit’s 2020 decision in Columbia v. Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. and Curver Luxembourg, SARL, v.

Design Patent 52

Design Patent Designs Design Art 52

Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer? Who is the ordinary observer?

Design Patent 52

Design Patent Patent Infringement Designs Design 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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Design Patent Designs Design Patent 52

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]

Design Patent 52

Design Patent Art Designs Design 52

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]

Design Patent 52

Design Patent Art Designs Design 52

Patently-O

NOVEMBER 21, 2022

” In general, that amount of evidence is insufficient to support a product design trade dress registration. Here, Sunset argues that the trade dress design “is entirely utilitarian” and therefore not protectable as trade dress. ” 15 U.S.C.

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Designs Design Registration Trademark 73

IP Close Up

FEBRUARY 13, 2024

Between 2005 and 2020 the number of U.S. design patent grants almost tripled. The increased focus on product form (“look”) as a part of function, Continue reading

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Design Patent Designs Design IP 77

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v.

Privacy 52

Privacy Cease and Desist Technology Copyright 52

IP Tech Blog

AUGUST 16, 2021

With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. Our Frankfurt and London offices work closely side-by-side on a daily basis helping clients to manage their trade mark and design portfolios with ease in a post-Brexit world.

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Designs Design Blogging Registration 57

Bio Law Blog

JANUARY 8, 2020

2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. In particular, after March 23, 2020 , a marketing application for a biological product that historically could have been submitted under Section 505 of the FD&C Act (e.g.,

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Marketing Marketing Settlement Litigation 40

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.

Designs 52

Designs Design Design Patent Intellectual Property 52

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

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Designs Design Copying Copyright Infringement 63

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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