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 72

JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

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Design Patent Designs Design Patent Application 67

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Design Patent Designs Design Patent 59

JD Supra Law

NOVEMBER 20, 2023

Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces.

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Design Patent Designs Design Patent 69

LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. § 171).

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Design Patent Designs Design Patent 52

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Federal Circuit’s 2023 Decision. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. 3d 665 (Fed.

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

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LexBlog IP

JANUARY 18, 2023

Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v. Home Expressions Inc.

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Design Patent Designs Design Art 52

LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Designs Design Intellectual Property Intellectual Property Law 40

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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Designs Design Music IP 116

Patent Trademark Blog

JANUARY 12, 2023

How many patents have I obtained for clients? As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. They can still practice trademark or copyright law.

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Patent Patent Application Registration IP 98

JD Supra Law

JUNE 27, 2023

On June 5, 2023, Judge Engelmayer (S.D.N.Y.) Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. dismissed Plaintiffs' infringement claims against Defendants. After the U.S.

Design Patent 52

Design Patent Patent Designs Design 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.

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Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

SpicyIP

JUNE 17, 2023

Readers may recall that in May 2023, Niyati posted on the official announcement to hold “Open House Sessions” on weekdays from 4:30 PM to 5:30 PM, to “address grievances/suggestions on issues related to Intellectual Property Rights.” He shares a keen interest in Patent related issues and wishes to discover more in the field of IP.

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Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

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Designs Design Cease and Desist Design Patent 74

The TTABlog

SEPTEMBER 15, 2023

88737597 (September 12, 2023) [not precedential] (Opinion by Judge Thomas W. As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Welch 2023. In re Buff and Shine Manufacturing, Inc. Wellington). Read comments and post your comment here.

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The TTABlog

JUNE 27, 2023

90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional. it is de facto functional) doesn't mean that it's functional in a trademark sense ( de jure functional). Welch 2023.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. 88941388 (May 22, 2023) [not precedential] (Opinion by Judge Thomas W. indicates that the design is not de jure functional.'" Welch 2023.

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Designs Design Trademark Cease and Desist 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. GM Global Technology Operations LLC.

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Designs Design Design Patent Litigation 40

Canadian Intellectual Property Blog

AUGUST 23, 2023

Canada remains an important jurisdiction in North America for IP filings and is further reinforced by rapid population growth, surpassing the 40 million mark in 2023. Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees.

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Intellectual Property Patent Application Intellectual Property Law Designs 52

The TTABlog

JUNE 27, 2023

90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional. it is de facto functional) doesn't mean that it's functional in a trademark sense ( de jure functional). Welch 2023.

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Designs Design Ownership Design Patent 45

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

NOVEMBER 17, 2022

On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). Request 3 : Possible Creation of a Separate Design Patent Practitioner Bar. ” [1].

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Registration Design Patent Patent Trademark 52

LexBlog IP

MARCH 3, 2023

In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S. 5-7 below).

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Designs Design Design Patent Art 52

SpicyIP

OCTOBER 23, 2023

Highlights of the Week Deadline to File Comments/ Suggestions on IP Manuals Extended till November 15, 2023 Image by Freepik The CGPDTM has extended the deadline to file comments/ suggestions on IP Manuals and Guidelines to November 15. Chancery Pavilion v. In their co-authored post, Sidhi, Praharsh and Swaraj write on this order.

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The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Chapter 2, authored by David Musker, considers the overlaps between patents and designs.

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Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. 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. A special thanks to Mr. G. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

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Intellectual Property Designs False Advertising Design 52

SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. DB order) to reiterate that one registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity between the competing marks (para.

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The TTABlog

MARCH 21, 2025

The Board upheld two refusals to register the product configuration shown below as a trademark for "Food service equipment levelers of metal," finding the proposed mark to be de jure functional under Section 2(e)(5), and, alternatively, lacking in acquired distinctiveness. but utility patent evidence overcame that presumption.

Design Patent 40

Design Patent Designs Design Advertising 40

Technology & Marketing Law Blog

NOVEMBER 8, 2024

This is a design patent SAD Scheme case before Judge Jeremy C. He’s a Biden appointee from 2023). GmbH as a Possible Trademark Troll The post Will Judges Become More Skeptical of Joinder in SAD Scheme Cases?–Dongguan [Like many of you, I am still trying to make sense of the election results. Emoji GmbH v.

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