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).

Advertising 90

Advertising Advertising Design Patent Design 90

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Brands Branding 131

Chicago IP

MAY 7, 2021

The case was different in two important respects: 1) plaintiff sought to file anonymously; and 2) the asserted IP was a design patent, instead of a trademark. Additionally, the Court ordered Doe Plaintiff to show cause as to how it could file a single patent suit against 200+ defendants for selling unrelated products.

Patent 75

Patent Design Patent Advertising Advertising 75

The TTABlog

MARCH 5, 2024

JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. indicates that the design is not de jure functional. The Board found that JM4's design patents covered designs that were not identical to the proposed mark. "To

Design Patent 72

Design Patent Design Designs Trademark 72

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 59

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

Business 78

Business Patent Invention Design Patent 78

43(B)log

JANUARY 27, 2023

The remaining design patent claims also failed. design patent First, the court filtered out the functional features: the narrow head that allowed detailed or precise shaving; the handle angle and length that allowed a comfortable shaving position; the gripping surface for a secure hold and precise control.

False Advertising 59

False Advertising Design Patent Designs Design 59

SpicyIP

SEPTEMBER 16, 2024

Filed under Article 226 of the Constitution, it is an ‘urgent application’ to the Registrar, DHC under the ground that the incumbent CGDPTM is not qualified to hold the post and was selected/nominated vide an arbitrary procedure without proper and effective advertisement for filling up the post. 3 (UP Pandit), for the CGPDTM post.

Advertising 110

Advertising Advertising Reporting Designs 110

SpicyIP

SEPTEMBER 4, 2023

.” But it is surprising to see that the public notice neither specifies what these irregularities and technical glitches were nor does it bear signatures of any authorized personnel, unlike the other advertisements and notices on the QCI’s website (see here , here and here ) who have signatures of at least 1 officer.

Design 105

Design Designs Patent Advertising 105

The TTABlog

SEPTEMBER 15, 2023

As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board found that.

Design 56

Design Designs Advertising Advertising 56

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

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. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration.

Design 40

Design Designs Design Patent Advertising 40

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. My product is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services?

Blogging 52

Blogging IP Advertising Advertising 52

The TTABlog

JUNE 27, 2023

"Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument." Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional.

Design 53

Design Designs Ownership Design Patent 53

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

IP and Legal Filings

SEPTEMBER 12, 2024

This case led the way in design patent damages and underscored the importance of innovation protection in a fast-moving technology sector; it also pointed out how difficult it has become to distinguish functional from ornamental features on modern electronic devices. [2]

Branding 98

Branding Branding Brands Trademark 98

Indiana Intellectual Property Law

OCTOBER 20, 2023

Rogue states that all these patented products are listed on the company’s website for the public to view at any time. In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents.

Patent 52

Patent Patent Infringement Advertising Advertising 52

The TTABlog

JUNE 27, 2023

"Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument." Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional.

Design 45

Design Designs Ownership Design Patent 45

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

The IP Law Blog

JANUARY 18, 2024

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment.

Trademark 40

Trademark False Advertising Patent Registration 40

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. Khodays Breweries Private vs House Of Khodays Private on 3 November, 2022 (Bangalore District Court). Licensing Ip International S.AR.L

Trademark 104

Trademark Patent Copyright Designs 104

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

azrights

OCTOBER 27, 2021

Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

Branding 52

Branding Brands Branding Copying 52

SpicyIP

FEBRUARY 13, 2023

Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Case: Kentucky Fried Chicken vs The Registrar Of Trade Marks on 7 February, 2023 (Delhi High Court) Delhi High Court set aside the impugned order and directed the Respondent to advertise KFC’s Chicken Zinger trademark.

Design 52

Design Designs Trademark Cease and Desist 52

LexBlog IP

JANUARY 18, 2024

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. The judge isn’t hearing that they’re not counterfeiters. NYU Press, 2016).

Fair Use 45

Fair Use Branding Branding Brands 45

SpicyIP

OCTOBER 23, 2023

. &Anr vs Cuckos Pharmaceutical Private on 13 October, 2023 (Delhi High Court) The plaintiff sought an interim injunction from the court, restraining the defendant from infringing the suit patent for ‘FLURALANER,’ sold as ‘Bravecto’ which is used to treat tick fever, ticks, and fleas in animals.

Design 52

Design Designs Music IP 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property Design Designs False Advertising 52

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents.

IP 90

IP Licensing Law Reporting 90

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

Intepat

MAY 28, 2024

Patent and Trademark Office recognized that this distinctive glass store design sets Apple stores apart from other retail establishments. To comprehensively protect its store designs, Apple has also secured design patents for the glass panels of the building and the staircase design.

Trademark 52

Trademark Intellectual Property Branding Branding 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

The TTABlog

JANUARY 15, 2025

The Board affirmed a Section 2(e)(5) functionality refusal to register the product configuration shown below, for "fire extinguishing preparations," finding that applicant's advertising and its utility patents "establish the functional benefits of Applicant's proposed mark." "The indicates that the design is not de jure functional.

Design Patent 59

Design Patent Design Designs Patent 59

43(B)log

OCTOBER 28, 2024

May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Whether there was evidence of actual confusion was a contested issue about interpreting consumer complaints.

False Advertising 59

False Advertising Advertising Advertising Design 59