SpicyIP

FEBRUARY 2, 2024

Image from here On January 3, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 inviting public comments on the Proposed Rules. The link for these Rules is here ( pdf ).

Patent 105

Patent Publishing Government Designs 105

JD Supra Law

JULY 8, 2024

On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. Sitting en banc, a panel of Federal Circuit judges overturned the Rosen-Durling standard for obviousness for design patents in favor of a more “flexible” approach utilized in utility patent decisions.

Design Patent 63

Design Patent Designs Design Patent 63

The IPKat

JUNE 20, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the status of protecting animated digital or virtual designs under EU design law. As regards the recast Designs Directive, Member States shall bring into force the laws, regulations etc.

Designs 64

Designs Design Law Journalism 64

JD Supra Law

MAY 22, 2024

On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. By: Wolf, Greenfield & Sacks, P.C.

Design Patent 107

Design Patent Designs Design Patent Law 107

TorrentFreak

JULY 1, 2024

These blocks are usually temporary in nature and designed to prevent piracy of specific sporting events, typically football matches in the UK’s Premier League. It’s likely that the second half of 2024 will serve up more of the same.

Confidentiality 94

Confidentiality Music Branding Brands 94

JD Supra Law

JUNE 19, 2024

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's bottle resembled the design of the Bulleit's distinct canteen-shaped whiskey bottles.

Designs 63

Designs Design Branding Brands 63

JD Supra Law

JULY 10, 2024

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Design Patent Obviousness Test Thrown Out - The U.S. While the Court’s opinion leaves many questions unanswered, this decision is bound to have significant ramifications for inter.

Design Patent 61

Design Patent Designs Design Patent 61

IP Watchdog

JANUARY 5, 2024

In other barks and bites for the first week of 2024, there were several updates from the U.S. Court of Appeals for the Federal Circuit decision invalidating alternative sweetener patent claims and a precedential designation from the Trademark Trial and Appeal Board.

Designs 62

Designs Design Design Patent Patent 62

JD Supra Law

MAY 29, 2024

On May 21, 2024, the en banc Federal Circuit overruled the Rosen-Durling test for design patent obviousness, holding that Supreme Court law dictates "a more flexible approach … for determining non-obviousness. May 21, 2024). John Deere analysis applies.

Design Patent 61

Design Patent Designs Design Patent 61

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom.

Designs 64

Designs Design Art Law 64

JD Supra Law

MAY 28, 2024

This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. 2021-2348, 2024 WL 2280728 (Fed. May 21, 2024). Operations LLC, No. The en banc court held that the “Rosen-Durling” test was “improperly rigid” and that the Graham v.

Design Patent 66

Design Patent Designs Design Patent 66

JD Supra Law

MAY 14, 2024

A range of recent design cases were discussed, such as Columbia Sportswear North America v. Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an assessment of a design—and LKQ Corp. By: Quarles & Brady LLP

Designs 58

Designs Design Design Patent Technology 58

JD Supra Law

DECEMBER 7, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 63

Design Patent Designs Design Patent 63

JD Supra Law

APRIL 16, 2024

12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred patentee Eazy-PZ LLC (“EZPZ”) from seeking relief, and also addressed issues concerning inequitable conduct, patent invalidity, and attorneys’ fees and costs under 35 U.S.C. § Design Patent No.

Design Patent 63

Design Patent Designs Design Patent 63

CoCal IP Law Institute

JUNE 28, 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. Key cases have addressed the limits of parody in trademark use, the challenges of proving distinctiveness for product designs, and the ongoing debate over free speech in trademark registration.

Trademark Law 52

Trademark Law Trademark Law Registration 52

Patently-O

MAY 24, 2024

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents.

Design Patent 128

Design Patent Designs Design Art 128

The TTABlog

JANUARY 29, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled two oral hearings for the month of February 2024. [It February 13, 2024 - 1 PM: Iron Balls International Ltd. February 22, 2024 - 1 PM: Jockey International, Inc. It is a short month]. Both hearings will be held via video conference. Cooper , Opposition No.

Registration 64

Registration Designs Design Trademark 64

JD Supra Law

MAY 24, 2024

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled its longstanding test used to assess the obviousness of design patents. By: Lathrop GPM

Design Patent 63

Design Patent Designs Design Patent 63

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech.

Design Patent 117

Design Patent Designs Design Patent 117

JD Supra Law

MAY 30, 2024

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent 71

Design Patent Designs Design Patent 71

The TTABlog

DECEMBER 29, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of January 2024. January 4, 2024 - 11 AM: In re Kattina V. January 11, 2024 - 11:30 AM: In re Loops, LLC , Serial No. January 11, 2024 - 11:30 AM: In re Loops, LLC , Serial No. January 25, 2024 - 1 PM: Instagram LLC v.

Editing 64

Editing Designs Design Branding 64

JD Supra Law

MAY 24, 2024

The Federal Circuit has overruled the long-standing Rosen-Durling test used to evaluate obviousness of design patents. May 21, 2024). The court, which reheard the appeal en banc from a PTAB final written decision, cited a plain reading of the statutory scheme for design patents, as well as the Supreme Court’s guidance in KSR Int’l Co.

Design Patent 63

Design Patent Designs Design Patent 63

SpicyIP

FEBRUARY 9, 2024

Image from here On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024.

Trademark 105

Trademark Publishing Designs Design 105

The TTABlog

JUNE 28, 2024

The May-June 2024 (Vol. The author of this article offers brand owners practical advice on how to design surveys that can provide empirical evidence showing whether an applied-for term functions as a mark. Welch 2024. 3) issue of the Trademark Reporter has arrivede. pdf here ]. Grimaldi test in the wake of the U.S.

Reporting 49

Reporting Trademark Intellectual Property Branding 49

JD Supra Law

MAY 23, 2024

On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. May 21, 2024) (en banc). GM Global Tech. Operations LLC, No. 21-2348, slip op. at 15 (Fed. By: Bodman

Design Patent 61

Design Patent Designs Design Patent 61

Technology & Marketing Law Blog

MAY 8, 2024

Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. 2024 WL 2021896 (N.D.N.Y. Publisher/Speaker Claims.

Designs 80

Designs Design Social Media Publishing 80

JD Supra Law

JULY 19, 2024

July 1, 2024) (Thomas, McKeown, Christen, JJ.). BillFloat, Inc. Collins Cash, Inc., 23-15405; -15470 (9th Cir. By: McDermott Will & Emery

Designs 71

Designs Design Trademark 71

Technology & Marketing Law Blog

FEBRUARY 29, 2024

Earlier this month, the High Tech Law Institute hosted the 2024 Works-in-Progress Intellectual Property ( WIPIP ), featuring nearly 90 presentations and over 110 attendees from four continents. This juxtaposition leaves me with a bittersweet memory of WIPIP 2024. The photo album. My memoriam for Dan.

Fair Use 69

Fair Use Intellectual Property IP Law 69

LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 52

Design Patent Designs Design Graphic Design 52

JD Supra Law

MAY 22, 2024

The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. With the use of AI-assisted searching, design patent examiners appear to be issuing more obviousness rejections.

Design Patent 63

Design Patent Designs Design Patent 63

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Welch 2024.

Designs 56

Designs Design Registration Trademark 56

JD Supra Law

MAY 24, 2024

The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach. May 21, 2024). for determining non-obviousness.” 4th —, slip op.

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

FEBRUARY 5, 2024

Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits. By: Williams Mullen

Designs 80

Designs Design 80

Sander Law

JULY 30, 2023

2024 CIPO fee increases The Canadian Intellectual Property Office (CIPO) is applying a one-time fee increase of 25% to most of its fees for trademarks, patents, copyright and industrial design registrations. Canadian Industrial Design application - $430.30 --> $567.00 Avoid the 2024 CIPO fee increases.

Intellectual Property 52

Intellectual Property Registration Trademark Patent Application 52

43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

False Advertising 73

False Advertising Trademark Advertising Advertising 73

JD Supra Law

JUNE 20, 2024

Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit.

Design Patent 58

Design Patent Designs Design Patent 58

IP Law 360

JANUARY 1, 2024

An ever-increasing volume of lawsuits involving the NCAA highlights the list of sports and betting cases to watch in 2024, including battles over athletes' right to compensation for their name, image and likeness and their fight to collectively bargain and be designated as employees.

Designs 75

Designs Design 75