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 130

Design Patent Designs Design Art 130

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.

Design 105

Design Designs Social Media Publishing 105

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 119

Design Patent Design Designs Patent 119

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 119

Confidentiality Music Branding Branding 119

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 Design Designs Patent Law 107

TorrentFreak

JANUARY 1, 2023

“[P]laintiff pled six causes of action: fraudulent notice under §512(f) of the DMCA, false designation of origin under 15 U.S.C. “Bungie’s claims for false designation of origin, business defamation and violation of the Washington Consumer Protection Acts are legally and factually inapplicable to this case.”

Settlement 131

Settlement Reporting Copyright Design 131

Patently-O

SEPTEMBER 8, 2024

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. A case in point is the Federal Circuit's September 3, 2024 decision in BBiTV v. Prometheus Laboratories, Inc. , 66 (2012), and Alice Corp. 208 (2014).

Patent 110

Patent Invention Designs Design 110

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

IP and Legal Filings

AUGUST 8, 2024

RISE OF PATENTS IN INDIA According to the report published by “The Hindu” on 26 th April, 2024 [5] , as evidenced by the rise in the filing of the patents, the innovations in India has seen a remarkable boom. EXAM II – Design Specifications and Drafting and Interpreting Patent. annual which is the most in the last two decades.

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Patent Invention Inventor Patent Application 96

SpicyIP

JANUARY 30, 2024

Seemingly to further these amendments, the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 on January 3, 2024. However, it does not clearly define their designation or qualification leading to substantial ambiguity.

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Patent Invention Blogging Government 111

JD Supra Law

NOVEMBER 19, 2024

The new EU design legislation has just been published in the EU Official Journal and will enter into force on 8 December 2024, after almost a decade of preparatory and legislative work. With the reform, European design legislation should offer design protection that is fit. By: Hogan Lovells

Design 66

Design Designs Journalism Publishing 66

JD Supra Law

AUGUST 6, 2024

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting and Consumer Education and Awareness Month.’”. By: WilmerHale

Design 98

Design Designs Trademark 98

SpicyIP

FEBRUARY 8, 2024

Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024 inviting comments on the proposed rules by February 09. However, much like the proposed Patent (2nd Amendment) Rules, 2024, the proposed Trade Mark Rules are marred with ambiguities.

Publishing 104

Publishing Law Business Government 104

JD Supra Law

OCTOBER 2, 2024

IP Australia has implemented fee changes for trade marks and designs from 1 October 2024. What Does It Mean for Intellectual Property (IP) Owners? By: K&L Gates LLP

Design 58

Design Designs Intellectual Property IP 58

JD Supra Law

NOVEMBER 26, 2024

Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom. By: K&L Gates LLP

Copyright 117

Copyright Intellectual Property Designs Design 117

Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. If passed, the bill goes into effect July 1, 2024 with the first round of DPIAs due July 1, 2025. Enforcement is limited to the MN AG.

Copying 133

Copying Design Designs Blogging 133

Technology & Marketing Law Blog

FEBRUARY 15, 2024

.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. The post The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S.

Blogging 105

Blogging Due Diligence Designs Design 105

JD Supra Law

JULY 25, 2024

Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents.

Design Patent 73

Design Patent Designs Design Patent 73

JD Supra Law

SEPTEMBER 26, 2024

2024-1398 (Fed. Opinion by Mazzant (sitting by designation), joined by Moore and Prost. Vascular Solutions LLC, et al. Medtronic, Inc., By: Alston & Bird

Design 66

Design Designs Patent 66

SpicyIP

OCTOBER 23, 2024

In the gazette notification dated 2oth September 2024 the Intellectual Property Rights Division Rules of the High Court, Calcutta, 2023 were notified. Image from here. Nation’s Third, A New IPD at Calcutta High Court! Later but not late. This IE may be asked to appear in person or virtually in order to be examined by the Parties.

Intellectual Property 116

Intellectual Property IP Confidentiality Copying 116

JD Supra Law

AUGUST 23, 2024

Opinion by Cecchi (sitting by designation), joined by Moore and Taranto. Platinum Optics Technology Inc. Viavi Solutions Inc., 2023-1227 (Fed. By: Alston & Bird

Design 68

Design Designs Patent Technology 68

The TTABlog

DECEMBER 4, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of December 2024. December 10, 2024 - 11 AM [Virtual]: In re Sentry Centers Holdings, LLC , Serial No. December 10, 2024 - 11 AM [Virtual]: In re Sentry Centers Holdings, LLC , Serial No. Welch 2024. Text Copyright John L.

Design 62

Design Designs Business Registration 62

JD Supra Law

JULY 5, 2024

June 25, 2024). Opinion by Lourie, joined by Moore and Albright (sitting by designation). Amarin Pharma, Inc., Hikma Pharmaceuticals USA Inc., 2023-1169 (Fed. Amarin markets and sells icosapent ethyl, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, under the brand name Vascepa®.

Branding 71

Branding Brands Branding Design 71

SpicyIP

NOVEMBER 30, 2024

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.

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Design Designs Law Intellectual Property 59

JD Supra Law

OCTOBER 23, 2024

CV 22-1377, 2024 WL 4436629 (D. 7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! The District of Delaware (“the court”) recently held that Apple Inc.’s The District of Delaware (“the court”) recently held that Apple Inc.’s By: Irwin IP LLP

Design Patent 61

Design Patent Design Designs Patent Application 61

JD Supra Law

SEPTEMBER 30, 2024

On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. 6, 2024) (“Decision”), the PTAB applied the test pronounced by the Federal Circuit in LKQ Corp. 2024) (“LKQ”). In Next Step Group, Inc. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B.

Design Patent 63

Design Patent Design Designs Patent 63

SpicyIP

JULY 18, 2024

The Madras High Court, vide judgement dated 3 July 2024 in University of Ulm v. Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office.

Design 102

Design Designs Patent Patent Application 102

JD Supra Law

OCTOBER 10, 2024

Opinion by Moore, joined by Taranto and Cecchi (sitting by designation). Provisur Technologies, Inc. Weber, Inc., 2023-1438 (Fed. By: Alston & Bird

Design 63

Design Designs Patent Technology 63

Kluwer Copyright Blog

OCTOBER 1, 2024

Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. The Plenary kick-off meeting took place on 30 September 2024. The specific Working Groups (WGs) then will meet several times for drafting rounds between September 2024 and April 2025.

Copyright Law 66

Copyright Law Copyright Law Blogging 66

TorrentFreak

AUGUST 26, 2024

Early June 2024, Italian media reported on comments made by the head of telecoms regulator AGCOM at the Serie A Festival a few days earlier. Piracy Shield has had its fair share of problems but on a fundamental level, it appears to have been designed for a much smaller job.

Reporting 114

Reporting IP Copyright Contracts 114

IP Watchdog

NOVEMBER 12, 2024

This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.

Intellectual Property Law 118

Intellectual Property Law Intellectual Property Journalism IP 118

The TTABlog

SEPTEMBER 30, 2024

Section 2(a) - Deceptiveness: TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather? [No] 21: TTAB Grants Motion to Bifurcate VELCRO Cancellation into two Phases CAFC: TTABlog Test: Are These Design/Stylized Marks for Clothing and Purses Confusable? Welch 2024.

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Registration Trademark Design Designs 62

IP Watchdog

NOVEMBER 17, 2024

On November 5, 2024, I received an official copy of U.S. Design Patent #D1,050,634 from the U.S. Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. Patent and Trademark Office (USPTO). I received a Notice of Allowance for my U.S.

Design Patent 52

Design Patent Designs Design Patent 52

Intellectual Property Law Blog

FEBRUARY 6, 2024

However, a recent decision by Federal Circuit Judge Bryson sitting by designation in the District of Delaware provides a valuable insight on how the issue may turn out. Surprisingly, this question has still not been decided by the Federal Circuit. In Prolitec Inc.

Art 130

Art Patent Invention Designs 130

JD Supra Law

NOVEMBER 19, 2024

The American Law Institute launched an initiative designed to provide guidance regarding the legal issues arising from the growing ubiquity of AI. Several industry organizations have recently published AI guidelines, including the Digital Medicine Society (DMS), in partnership with Google and the Mayo Clinic.

Reporting 77

Reporting Publishing Design Designs 77

JD Supra Law

SEPTEMBER 16, 2024

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 22-cv-00540 (W.D.

Design Patent 63

Design Patent Patent Infringement False Advertising Design 63

Plagiarism Today

JANUARY 5, 2022

It uses the art style and the meter of the original work, as well as the designs of characters from that book. In 2024, the cartoon Steamboat Willie will enter the public domain. However, if you watch the commercial, it is limited to what is in that original book. That said, this is something of a canary in the coal mine.

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Public Domain Art Publishing Plagiarism 353