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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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Design Patents are Heating Up at the Federal Circuit, Again

LexBlog IP

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 2021-2299, 21-2338 (Sept. 2021-2299, 21-2338 (Sept. Design Patent No. In the decision, captioned Columbia Sportswear North America, Inc. 4th 1380, 1382 (Fed.

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Quarles & Brady Again a Top Design Patent Firm in 2021

LexBlog IP

According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.

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China: Design Patents and the Metaverse

IP Tech Blog

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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2021 Design Patents Year in Review: Analysis and Trends: Patent Trial and Appeal Board: Design Patents Continue to Escape Challenges

JD Supra Law

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.

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When Trademarks and Design Patents Intersect: Making Waves in Columbia v. Seirus

JD Supra Law

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc. when a jury considered, among other things, whether a trademark's appearance and….

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China: Design Patents and the Metaverse

LexBlog IP

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4