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Amazon escapes liability for its Brand Registry advertising

43(B)log

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

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China: Design Patents and the Metaverse

IP Tech Blog

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Section 4.4.2 2014)??(?)???2815?).

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Serrated Knife Blade

The TTABlog

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).

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

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 Welch 2024.

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Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

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]

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TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

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
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Influencers, bullfighting, deepfakes, AI, biopics… the Garrigues IP Blog celebrates its first birthday, covering all the hot topics.

Garrigues Blog

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. Banksy Case: registration of a trademark in bad faith and the price of anonymity. There will be a sequel!