The IPKat

JANUARY 27, 2025

But what is the right time for assessing a design infringement? Since 2010, it owns registered Community designs (RCD) for the Airfryer, including RCD no. The preliminary injunction was granted on the basis of design infringement. Versuni relies on Art. 001654591-0001 and no. Ratingen appealed to the referring court.

Design 59

Design Designs Art Marketing 59

Patently-O

OCTOBER 6, 2021

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. There is no dispute that Blick discloses an art tool rather than a lip implant.

Design Patent 141

Design Patent Design Designs Patent 141

Patently-O

MAY 24, 2024

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. ” And, like the primary reference, any secondary references must also be analogous art.

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Design Patent Design Designs Art 130

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 2 Draft Directive, Art. New definitions for “design” and “product” (Art. 2 Draft Directive, Art.

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Design Designs Publishing Art 135

The IPKat

MARCH 25, 2025

There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (CDR). Liquidleds) obtained registered Community design (RCD) no. Interpretation of Art.

Art 59

Art Designs Design Intellectual Property 59

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. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 119

Design Patent Design Designs Patent 119

The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Design Designs Art Litigation 129

The IPKat

SEPTEMBER 3, 2021

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

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Design Designs Law Art 136

The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Class 9 : Downloadable virtual goods, namely, digital art. see here ). see here ).

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Design Designs Non-Fungible Tokens Editing 144

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

Art 98

Art Design Designs Invention 98

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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Design Patent Design Designs Graphic Design 111

The IPKat

MARCH 11, 2025

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

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Copyright Art Designs Design 71

IIPRD

JANUARY 7, 2025

A human inventor serves as the central figure in the design of the patent system. If an individual knowledgeable in the relevant art would find the invention obvious, that individual would meet the criterion for determining non-obviousness. Design rights are meant to safeguard a product’s appearance.

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IP Intellectual Property Invention Inventor 98

SpicyIP

DECEMBER 3, 2024

For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.

Design 64

Design Designs Patent IP 64

Plagiarism Today

JANUARY 13, 2022

2: Designer for Poler Branding Sues the Outdoor Apparel Brand’s New Owner. According to the lawsuit, Poler and Land Art & Design had an oral agreement at Poler’s launch to allow for use of the designs in question. It also targets YouTube alleging that the video sharing site hosts video of Free Fire gameplay.

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Settlement Design Designs Licensing 242

The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. Under art. 7 (1) of Directive 98/71/EC (and equivalent art. Under art. 7 (1) of Directive 98/71/EC (and equivalent art.

Design 128

Design Designs Law Art 128

Hugh Stephens Blog

NOVEMBER 22, 2022

Last month I wrote about the emerging phenomena of AI-generated art through widely available programs such as DALL-E 2, Stable Diffusion and others, and of the threat they pose to artists, designers, photographers and others who depend on the protection of copyright to earn their livelihood. This also includes musicians and writers.

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Art Design Designs Copyright 245

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Summary Judgment : Mosaic lacked product design trade dress rights. Is it Prior Art? Ridge Wallet LLC , — F.4th 4th — (Fed. Supreme Court 2022). = = = =.

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Art Brands Branding Branding 124

SpicyIP

NOVEMBER 9, 2024

This happens when the invention is assessed for non-obviousness with respect to the standard of ‘person skilled in the art.’ The Argument Across jurisdictions, ‘inventive step’ is assessed on the basis of the inventive concept’s non-obviousness, i.e., whether or not the core inventive concept is obvious to a person skilled in the art.

Patent Law 105

Patent Law Law Invention Patent 105

SpicyIP

MARCH 27, 2023

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!

Design 119

Design Designs Registration Art 119

Plagiarism Today

FEBRUARY 10, 2022

Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. Thus, as noted elsewhere , the test for finding copyright subsistence starts with the degree of creative freedom exercised by the author in light of the relevant prior art.

Copyright Law 80

Copyright Law Art Design Designs 80

JD Supra Law

MARCH 31, 2025

Authors, here, is a copyright-law catch-all term encompassing all creators, be they writers, painters, filmmakers, graphic designers, or even software coders. This is consistent with longstanding precedent (in the US, at least) that only works by human authors can be protected by copyright. Monkeys need not apply.)

Graphic Design 63

Graphic Design Copyright Art Copyright Law 63

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

Copyright 52

Copyright Art Design Designs 52

Intellectual Property Law Blog

DECEMBER 7, 2023

VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc.

Art 147

Art Social Media Brands Branding 147

Plagiarism Today

JANUARY 5, 2022

Anyone could also publish their own version of the book, either with the original art or new art that they created. The characters, in particular the line art drawings, look very little like the versions we know today and, though the book is still popular, it is far less recognizable than the Disney works.

Public Domain 353

Public Domain Art Publishing Plagiarism 353

Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

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Art Invention Copying Design 130

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Design 105

Design Designs Copyright Copyright Infringement 105

IP and Legal Filings

JANUARY 27, 2025

For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement. Transparent AI Design: Developers should aim for transparency when designing AI systems.

Intellectual Property 101

Intellectual Property Design Designs Licensing 101

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art.

Art 111

Art Invention Patent Application Publishing 111

SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

Design 105

Design Designs Registration Marketing 105

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

Copyright 52

Copyright Art Design Designs 52

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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Art Copyright Ownership Non-Fungible Tokens 105

The Illusion of More

FEBRUARY 13, 2025

That title riffs on the term of art in trademark law known as likelihood of confusion.

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Trademark Law Art Design Designs 82

The IPKat

NOVEMBER 25, 2024

The Court questioned whether the trade mark rights in the imported goods were exhausted under Art. Designs Anastasiia Kyrylenko discussed the EU design reform, Regulation (EU) 2024/2822 , and Directive (EU) 2024/2823. The recent reform includes updated definitions for terms such as "design" and "product."

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Design Designs Art Registration 69

Plagiarism Today

SEPTEMBER 21, 2021

Onge published a video to his YouTube Channel Art of Engineering explaining the inner workings of the Disney’s Tower of Terror thrill ride. Right is from Behind the Attraction on Disney+ pic.twitter.com/Sf1biymTSz — James St.Onge – Art of Engineering (@aoEngineering) September 16, 2021. And this one.

Plagiarism 246

Plagiarism Graphic Design Copying Artwork 246

SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The appellant filed various prior art documents and the USPTO decision that granted the patent after evaluation of the prior art documents.

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Design Designs Patent Patent Application 103