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 Designs 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. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

Business 131

Business Contracts Brands Branding 131

43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.

False Advertising 59

False Advertising Advertising Advertising Designs 59

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

Design Patent 72

Design Patent Designs Design Trademark 72

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

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. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 40

Designs Design Design Patent Advertising 40

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

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

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

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. 8398/2024).

Advertising 111

Advertising Advertising Reporting Designs 111

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.

Designs 56

Designs Design Advertising Advertising 56

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Brands 98

Brands Branding Branding Trademark 98

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs 53

Designs Design Ownership Design Patent 53

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

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Indiana Intellectual Property Law

OCTOBER 20, 2023

for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom. According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. Continue reading

Patent 52

Patent Patent Infringement Advertising Advertising 52

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs 45

Designs Design Ownership Design Patent 45

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

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 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

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. Controller of Patents and Designs ( pdf ), was decided by the Delhi High Court and deals with issues pertaining to prior art and inventive step.

Trademark 105

Trademark Patent Copyright Design 105

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. 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.

Trademark 40

Trademark False Advertising Patent Registration 40

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. Litigation.

Brands 52

Brands Branding Branding Copying 52

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

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Khan Chacha Hyderabadi Biryani and Ors.

Design 52

Design Designs Trademark Cease and Desist 52

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

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. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. The judge isn’t hearing that they’re not counterfeiters. NYU Press, 2016).

Fair Use 45

Fair Use Branding Brands Branding 45

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 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. This includes endorsements of personal experiences without disclosing the fact that they are paid for it.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Design Aesthetics: Apple is known for its minimalist and sleek product design. In 2007, Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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. Asking not just for credit but for partnership.

IP 90

IP Licensing Law Reporting 90

SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v. In Microsoft v.

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 Designs Design 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. These are significant similarities in the packagings’ arrangement and coordination of dominant design features.

False Advertising 59

False Advertising Advertising Advertising Designs 59