IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Branding 131

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. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

Design Patent 52

Design Patent Designs Design Art 52

IPilogue

JANUARY 30, 2023

While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc. 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”).

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

LexBlog IP

MARCH 8, 2022

Interesting Patents. TUESDAY, MARCH 8, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. .

Design Patent 52

Design Patent Patent Intellectual Property Designs 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 Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. 1–4, illustrated below.

Design Patent 52

Design Patent Designs Design Patent Infringement 52

IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

Intellectual Property 112

Intellectual Property Patent Infringement Patent Design Patent 112

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Advertising 90

Advertising Advertising Design Patent Designs 90

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 15, 2022

337-TA-1216, wherein the Commission issued a General Exclusion Order (“GEO”) regarding three design patents and three trademarks. The Consequence of Being in Default - This month’s ITC wrap-up reviews the Commission’s Opinion In the Matter of Certain Vacuum Insulated Flasks and Other Components Thereof, Investigation No.

Design Patent 52

Design Patent Designs Design Trademark 52

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Protection of 3D Designs. Trademark.

Designs 52

Designs Design Trademark Intellectual Property 52

LexBlog IP

APRIL 12, 2022

Interesting Patents. TUESDAY, APRIL 12, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO.

Patent 52

Patent Invention Intellectual Property Technology 52

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. 13 [Submissions by December 30, 2022]. vs Hari Ram And Sons on 2 November, 2022 (Delhi High Court). Khodays Breweries Private vs House Of Khodays Private on 3 November, 2022 (Bangalore District Court). Eenadu Television A Division … on 8 November, 2022 (Andhra Pradesh High Court).

Trademark 105

Trademark Patent Copyright Designs 105

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

337-TA-1216, wherein the Commission issued a General Exclusion Order (“GEO”) regarding three design patents and three trademarks. The Complaint provided a visual identification of the Asserted Patents and Trademarks: Complaint ¶ 19. “On at 3 (quoting Order No. 22, 2021), unreviewed by Comm’n Notice (Apr.

Cease and Desist 52

Cease and Desist Trademark Design Patent Patent 52

U.S. Department of Commerce

FEBRUARY 16, 2022

February 16, 2022. Wed, 02/16/2022 - 18:45. Patent and Trademark Office and the International Trade Administration. One of her top priorities was to obtain a design patent for her jeans’ enhancement innovation. The company now holds 11 patents, with several more pending, and has trademarked its brand.

Inventor 94

Inventor Intellectual Property Business Marketing 94

IP Tech Blog

JANUARY 4, 2023

Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP Intelligence

MARCH 16, 2022

On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. [1] 1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly.

Patent 96

Patent Intellectual Property Government Invention 96

IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. were finally approved on December 1, 2021, and just took effect on January 1, 2022.

Designs 62

Designs Design Intellectual Property Design Patent 62

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. We will need to wait for May 2022 to see whether such accession will really have an impact on design filings in China.

Designs 67

Designs Design Design Patent Inventor 67

The TTABlog

NOVEMBER 28, 2022

In re International Fruit Genetics, LLC , 2022 USPQ2d 1119 (TTAB 2022) [precedential] (Opinion by Judge Angela Lykos). The CAFC explained that an entity that is the source of a varietal may use a particular term as a trademark for its specific varietal, but it must be clear that there is also a generic name for the varietal.

Trademark 52

Trademark Registration Designs Design 52

The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. Especially relevant for issuers of crypto-assets and crypto-asset service providers in Europe will be the Regulation on Markets in Crypto-assets, which could enter into force in 2022.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

The TTABlog

MARCH 2, 2022

United Trademark Holdings, Inc. 2022 USPQ2d XXX (Fed. 2022) [not precedential]. It has used TINKER BELL as a trademark for dolls since 2007 and registered the mark in 2009 without a Section 2(f) acquired distinctiveness claim. Welch 2022. Disney Enterprises, Inc. Tinker Bell" appeared as a character in J.M.

Public Domain 72

Public Domain Designs Design Registration 72

Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?

Designs 52

Designs Design Design Patent Patent 52

LexBlog IP

JUNE 29, 2023

.” The article was authored by the AIPLA’s Augmented Reality(AR) / Virtual Reality(VR) subcommittee, which I had the honor of co-leading with Barrett Spraggins in 2022 (and continue to co-lead in 2023). The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

43(B)log

JANUARY 27, 2023

3d -, 2022 WL 16806210, No. 8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. Stiles alleged that it sold knockoff razors instead, infringing her patents, violating trademark and antitrust law, and interfering with her economic interests. Walmart, Inc.,

False Advertising 59

False Advertising Design Patent Designs Design 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

CoCal IP Law Institute

MAY 9, 2022

On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [.].

Non-Fungible Tokens 40

Non-Fungible Tokens Litigation Trademark IP 40

Patently-O

JUNE 24, 2024

a trademark damages case focused on how corporate separateness principles apply to disgorgement remedies under the Lanham Act, 15 U.S.C. As the Patent Act does for design patent infringement, the Lanham Act allows for disgorgement of profits as a remedy for trademark infringement. Dewberry Engineers Inc. ,

Trademark 40

Trademark Cease and Desist Litigation Registering Trademarks 40

LexBlog IP

JANUARY 27, 2022

On January 25, 2022, the Japan Patent Office (JPO) updated its web page with a section titled “The JPO Key Features” (see [link] ). The JPO Key Features provide examination statistics on timelines for utility patents, design patents, and trademarks at the JPO.

Patent 52

Patent Design Patent Technology Designs 52

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

LexBlog IP

MARCH 6, 2023

See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 23, 2022). [1] Patent No. 2:21-cv-08756-JWH-SHK, ECF No. Lifted Ltd.,

Litigation 52

Litigation Patent Design Patent Intellectual Property 52

LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Now eight months later, I went back to check on the state of this reform.

Designs 52

Designs Design Intellectual Property Design Patent 52

SpicyIP

JUNE 17, 2023

In part I, Anshuman discusses the ‘Open House’ sessions on Patents (June 7) and Designs, GI and Copyright (June 9) and part II of his post will discuss the session on Trademark (June 12) along with his takeaways. And the session on Trademarks that I attended next, highlighted this even more starkly.

Law 105

Law Designs Design Reporting 105

LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. We will need to wait for May 2022 to see whether such accession will really have an impact on design filings in China.

Designs 52

Designs Design Inventor Design Patent 52

IPilogue

JANUARY 10, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Part 3: Use It or Lose It: How to Acquire and Protect your Trademarks.

Invention 104

Invention Patent Intellectual Property IP 104

The TTABlog

DECEMBER 31, 2021

33: "LOCH MOOSE MONSTER" Fends Off Monster Energy's Lack-of-Bona-Fide-Intent Summary Judgment Motion Nonuse/Specimen of Use: USPTO Issues Examination Guide 1-21: Expungement and Reexamination Proceedings Under the Trademark Modernization Act of 2020 Precedential No. Lack of Bona Fide Intent: Precedential No.

Registration 69

Registration Cinema Trademark Reporting 69

LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. 21cv11018 (DLC), 2022 BL 301209 (S.D.N.Y.

Cease and Desist 52

Cease and Desist Design Patent Patent Designs 52