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As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc whether the long-standing design patent obviousness test required modification. and elsewhere. In last years report, we noted that the U.S. While the new.
Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.
Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. By now, most IP practitioners are familiar with the U.S. VIP Products, Inc.
Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. IPR 2023-00658, Paper 16 (PTAB Aug. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (PTAB Aug. EP Family Corp.,
In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Case details: Plant-based fuel cells The dispute in UPC_CFI_239/2023 concerned EP2137782 , owned by Plant-e Knowledge B.V.
Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar.
It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.
by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.
Court of Appeals for the Federal Circuit (CAFC) has granted a rare en banc review of its January, 2023, decision in LKQ Corporation v. Patent D855,508 covers a “vehicle front skid bar.”
With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.
The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. quoting UPC_CoA_335/2023 ).
Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!
Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.
2023 WL 6140427, at *12." That is not the issue. OSF Healthcare Servs., The Board pointed out that it must determine whether the services recited in the application are related to the specific services of the registration.
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 have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.
Drawing on 2023 filing, registration and renewals statistics from national and regional IP offices and WIPO, WIPI covers patents, utility models, trade marks, industrial designs, microorganisms, plant variety protection and geographical indications. This annual survey analyzes IP activity around the globe. programmes: - LL.M.
While PTE is designed to effectively extend the overall patent term for a single invention due to regulatory delays in product approval, PTA is designed to extend the term of a particular patent due to delays in the processing of that patent.
Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. The 5 Worst Copyright Lawsuits of 2023, according to me. Polychron v.
A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. 2023 WL 4853650 (D.S.C. July 24, 2023). The post Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P.
Today, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report, providing a snapshot of IP filing activities across the globe during 2023.
All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors. For example, the shape of Coco-Cola bottle is registered as an industrial design. It is governed by the Patent Act, 1970.
The country of Croatia is scheduled to begin using the Euro as its currency on January 1, 2023. One of the more public steps is designing their first one Euro coin. To that end, the Croatian central bank held a design competition. On Friday, it announced the winner, designer Stjepan Pranjkovic.
While no action has been able to conclusively end Switch emulation, or even nudge the scene towards an existential crisis, things are not like they were in 2023. “The yuzu emulator is primarily designed to play Nintendo Switch games. Even the timing and pace seem to have been measured to perfection.
Following a jury trial in March 2023, where certain patent claims were examined, it was determined that Waydoo had indeed infringed on MHL's patents and had to pay a $500 royalty per board sold, totaling $1,334,000 in damages. MHL Custom took legal action against Waydoo for allegedly infringing on two U.S.
Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.
Brophy filed the lawsuit alleging that Cardi B’s designer used an image of his back tattoos on the cover of her mixtape. He claimed that the designer simply searched for an image of back tattoos, found his image, and superimposed the pattern on another person.
This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.
We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The court says the impact assessments don’t require businesses to look at service design configurations or to mitigate any identified risks, so they aren’t likely to advance the state’s child welfare goals.
Alexandra Mogyoros , Assistant Professor at Lincoln Alexander School of Law at Toronto Metropolitan University, is also joining the ranks as a book review editor.? The IPJ is Canada’s leading peer-reviewed journal with a focus on IP law related areas such as patents, trademarks, copyright, designs, trade secrets and competitive torts.
The Board issued 34 precedential opinions in calendar 2023, a total slightly lower than in recent years. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. Welch 2023. The Board has made available a form for nominating a Board decision as precedential.
However, when the appellant was not able to file the required information on time, the Controller rejected the patent application on July 25, 2023. This rule has now been changed after the 2024 amendments but considering that the application was filed and processed before 2024, technically 2023 Rules should apply in this matter, right?
15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. In Columbia Sportswear North America, Inc.
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. The appeal is currently in the process of being heard, with the latest hearing on 6 March 2023 ( pdf ).
2023-1227 (Fed. Opinion by Cecchi (sitting by designation), joined by Moore and Taranto. Platinum Optics Technology Inc. Viavi Solutions Inc., By: Alston & Bird
The lawsuit was filed by Jocelyn Susan Bundy, who claims that her grandfather created the design based on Dante’s Inferno. The new rate, when decided, would be applied retroactively and would also govern royalties owed between 2023 and 2027. Let me know via Twitter @plagiarismtoday.
In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylors trade mark be cancelled. By: K&L Gates LLP
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.
“Defendant immediately removed the infringing Photo upon having learned of it, [] made an offer of judgment in the amount of $2,500 in September 2023, and [] later conceded liability so as to advance the termination of this action.” The parties’ conduct. Case Citation : McDermott v. Kalita Mukul Creative Inc.
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.
On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, this Part 2 will deal with the timelines that govern the proceedings before the UPC.
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).
Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room to be built in Williamsburg. 3:22CV470 (DJN), 2023 U.S. Michael Pellis Architecture PLC v. Bell Construction LLC, Civil Action No. LEXIS 169697 (E.D.Va.
John Carroll University In February 2023, we first published a post describing the Complaint by Gina Weisblat ("Weisblat") against her former employer, John Carroll University ("JCU"). St John Central Academy In March 2023, Samantha Watts filed a lawsuit on behalf of her daughter, who is referred to as "SW" to preserve her privacy.
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