The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

Design Patent 52

Design Patent Design Designs Patent 52

Patent Trademark Blog

SEPTEMBER 10, 2024

Patents give sellers a fair and lawful way to block competitors from copying innovative products. So, how do you use your patent effectively to block an infringing Amazon ASIN? Design or Utility Patent: What type of IP will block Amazon sellers more effectively?

Design Patent 52

Design Patent Patent Infringement Design Designs 52

Patent Trademark Blog

OCTOBER 26, 2022

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? Patenting makes sense if your secrets will no longer remain confidential after your product launch. What if your patent is not enabling? Let’s face it.

Confidentiality 96

Confidentiality Patent Patent Application Invention 96

IPilogue

DECEMBER 21, 2021

Peloton seeks a court declaration that its new clothing design does not infringe on Lululemon’s design patent. It only took five days for Lululemon to follow through with its threat and countersue Peloton for infringing on its design patents. Peloton and Lululemon have a long history with each other.

Patent 105

Patent Intellectual Property Law Design Designs 105

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? My product was copied and I haven’t registered it. is there anything I can do?

Blogging 52

Blogging IP Advertising Advertising 52

Patent Trademark Blog

MAY 16, 2024

Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? When competitors start copying your innovative product, what is your fallback strategy to stop them? Ready to patent your consumer product?

Design Patent 52

Design Patent Patent Patent Application Design 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. If you are in that situation, perhaps not all hope is gone.

IP 75

IP Patent Design Patent Artwork 75

IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Four copies of Representation of the design on A4 size.

Registration 97

Registration Design Designs Intellectual Property 97

Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

Design Patent 52

Design Patent Design Designs Registration 52

The IP Law Blog

DECEMBER 8, 2022

There are some patents that do not describe complicated inventions. One such patent is a design patent for an artificial Christmas tree. design patent no. The problem with this patent is that it would be fairly easy to design around by changing the arrangement of the layers or the number of slats.

Patent 98

Patent Design Patent Invention Inventor 98

Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

Design Patent 52

Design Patent Patent Cease and Desist Design 52

Patent Trademark Blog

MARCH 24, 2022

Unlike trademarks, patents do not require any use by the owner in order to be protectable. Patents also expire. For a limited duration, a patent owner has the power to exclude others from copying or using the patented invention. But, how do you convert an idea in your mind into an actual patent?

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

Patent Trademark Blog

DECEMBER 7, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales. Design Patent vs. Utility Patent: Which IP makes sense for Amazon sales? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

Design Patent 52

Design Patent Patent Design Designs 52

Patent Trademark Blog

DECEMBER 13, 2023

Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Need a useful patent that will actually stop competitors from taking your sales? Let’s tackle these questions.

Design Patent 52

Design Patent Patent Design Designs 52

Intepat

DECEMBER 12, 2024

However, protecting these interfaces involves navigating complex layers of copyright, design patents, and other intellectual property laws that cover specific aspects of GUIs. This dual protection helps safeguard both the creative design of the interface and the technical instructions enabling it to function.

Copyright 52

Copyright Artistic Work Design Patent Design 52

Technology & Marketing Law Blog

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” This is a design patent SAD Scheme case. Schedule A Defendants , 1:23-cv-04587 (N.D.

Copyright 78

Copyright Design Patent Trademark Design 78

Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

Business 52

Business Patent Design Patent Design 52

Patent Trademark Blog

JUNE 15, 2023

I think most business folks would agree that if an innovative product sells really well, then it would be worth patenting the innovation to block copycats by competitors. Why allow the competition to forego the hard work of product conception and development by copying your product and undercutting your price? What is the solution?

Design Patent 52

Design Patent Patent Patent Application Design 52

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. It has been debated whether NFTs/DC could be protected in China by design patents. Article 10.1

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The case review and investigations from the administrative authority were very quick and within 24 hours an injunction was issued.

Design 57

Design Designs Copyright Design Patent 57

Patent Trademark Blog

NOVEMBER 16, 2023

You need to login to your Brand Registry account and submit the proper request to escalate your patent infringement case. Make sure you specify that your patent is a utility or design patent. What if your patent escalation request is rejected? The Amazon patent violation reporting system has some limitations.

Reporting 52

Reporting Patent Design Patent Design 52

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. If the Mona Lisa were still under copyright, copying it directly would be an infringement, but anyone could paint a slightly smiling woman in black. appeared first on Patent Law Blog.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

IP and Legal Filings

JUNE 9, 2022

This blog states the key differences between the two which may help you to do the same. The dominance of Intellectual Property Rights in today’s modern society is to protect their products and organization’s reputation and goodwill, as well as ensure that if a case of violation takes place, they do not suffer considerably huge damage.

Registration 93

Registration Design Designs Trademark 93

Patent Trademark Blog

JULY 30, 2021

Unlike a utility patent, the drawings in a design patent will define the scope of your claim. That means that utility patent drawings have flexibility to show details that may or may not end up in the claims, but the details in design patent drawings will affect the scope of your IP rights.

Patent Application 53

Patent Application Editing Patent Design Patent 53

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Branding Brands Copying 52

More Than Your Mark

SEPTEMBER 3, 2021

Not every idea that can be commercially beneficial is eligible for a patent. Patents are meant to cover new, useful, and non-obvious inventions (utility patents) and new and non-obvious designs (design patents). The post Patents and Trade Secrets – to Disclose or Conceal?

Intellectual Property 40

Intellectual Property Patent Design Patent Design 40

Patent Trademark Blog

AUGUST 18, 2021

What are bad reasons for not filing a patent? Many common misconceptions surrounding patents may also lead to poor choices in declining patent protection. Now that we’ve uncovered some poor reasons for making patent decisions, let’s explore good reasons for deciding whether or not to file a patent application.

Patent Application 40

Patent Application Patent Design Patent IP 40

SpicyIP

JUNE 17, 2023

Various posts on this blog have highlighted different aspects positive and negative across the years, with the most recent example being this blogpost by Mr Raja P. Shedding light on the second issue, he stated that original documents were not required and that scanned copies of such forms were enough. Selvam here.

Law 105

Law Design Designs Reporting 105

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. In particular, you can file a petition to speed up your trademark application and submit a copy of the C&D letter to the USPTO. Why send a cease-and-desist letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Patent Trademark Blog

MARCH 18, 2022

Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. Here’s a helpful article on filing a utility patent application and another one filing a design patent application. How much does IP cost?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

SpicyIP

JANUARY 23, 2023

here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Aparajita discusses the key arguments made by Pfizer/ BioNTech in her piece and raises question on enforceability of Moderna’s patents in light of its 2020 patent pledge. Especially from other High Courts?

Design 105

Design Designs Invention Registration 105

SpicyIP

NOVEMBER 15, 2022

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte. Did we miss anything big? Let us know in the comments below! Highlights of the Week.

Trademark 105

Trademark Patent Copyright Design 105

Texas Intellectual Property Law Blog

APRIL 30, 2020

If you create a new electronic device in your Texas workshop, it may be possible to patent it. This means that it may not possible for people or companies to copy your idea whether those parties are based in Texas or in another country. Design patents are intended to protect intellectual property related to how an object looks.

Patent 40

Patent Intellectual Property Design Patent Design 40

Texas Intellectual Property Law Blog

APRIL 30, 2020

If you create a new electronic device in your Texas workshop, it may be possible to patent it. This means that it may not possible for people or companies to copy your idea whether those parties are based in Texas or in another country. Design patents are intended to protect intellectual property related to how an object looks.

Patent 40

Patent Intellectual Property Design Patent Design 40

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission. Design patents: Design patents protect novel ornamental designs for an article.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Brands 52