Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Section 4.4.2

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JD Supra Law

NOVEMBER 7, 2022

Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.” Please see full article below for more information.

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China.

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IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

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JD Supra Law

SEPTEMBER 29, 2023

This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design patent protection as a companion to trademark protection, specifically in the context of trade dress and graphical user interface designs. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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LexBlog IP

OCTOBER 3, 2023

Trademark Protection for Board Games by Yuri L. Eliezer.block-content { padding-top: 12px; background-ffffff; background-image: none; } Trademark Protection for Board Games: Unlock the Potential of Trade Dress for Your Board Game Table of Contents: What is Trade Dress Protection? It serves as a powerful tool for brand recognition.

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IP Law 360

APRIL 29, 2024

A federal jury in Phoenix has found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks of two brothers who sell the "Comfy" sweatshirt that was featured in an episode of "Shark Tank."

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IP Law 360

MAY 15, 2024

Cozy Comfort, maker of the Comfy sweatshirt featured on "Shark Tank," has asked for nearly $2 million in fees — and about $8 million in additional interest — in a suit where a jury found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks.

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Indiana Intellectual Property Law

AUGUST 9, 2022

is a Delaware Corporation, with its principal place of business in Somerville, Massachusetts and is one of the top five sportswear brands in the world by revenue. PUMA applied for a Federal Trademark registration under Application Serial No. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No.

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IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use.

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IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use.

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Patent Trademark Blog

APRIL 27, 2023

At the outset, sellers need to register on Amazon Brand Registry. Nowadays, you do not necessarily need to have a trademark registered in order to apply for the Brand Registry. A pending trademark application filed with the USPTO may suffice. What types of patents are eligible for Amazon APEX? Where do you start?

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Nelligan Law

AUGUST 4, 2023

The legal nuances surrounding trademarks, counterfeiting, collaborations, and the ever-expanding resale market fascinated me as I delved deeper into understanding the mechanisms that governed our beloved hobby. Sneaker companies invest substantial resources in designing unique logos, branding, and shoe designs.

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Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? What is a Trademark? Patents expire after a set term; trademarks can be renewed indefinitely.

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Patent Trademark Blog

JUNE 19, 2024

Utility patents need to be “renewed” by paying maintenance fees. Design patents are enforceable on Amazon through a different program. How many utility patents should you get? One utility patent might not be enough. First, get at least one utility patent with decently broad claims.

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IP Law 360

JANUARY 18, 2024

The startup behind a brand of smiling sponges that claims to be "the most successful business to appear on 'Shark Tank'" is turning to trademark and design patent law to go after similarly grinning products from a newer rival.

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LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. If You’re Making Your Own Board Game, How Do You Protect Your Idea?

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Patent Trademark Blog

MAY 16, 2024

Though there is nothing wrong that, recognize that certain patents would not fit trendy products that will quickly fall out of style. With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product.

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LexBlog IP

OCTOBER 17, 2022

Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Background.

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IP Law 360

JUNE 13, 2023

A federal jury in Los Angeles has cleared a beauty brand from accusations that shower caps it makes infringe a New York designer's patented "Shhhowercap" design, as well as related trademarks.

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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.

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Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. They can also avail of the user-friendly UI long associated with TrademarkNow.

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LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. It’s easy to imagine what may happen if a competitor began using your branding in a way that treads on your investment without legal means to stop them. trademark on the packaging of its cannabis products.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Register your trademarks to block the sale of competing goods that use a similar name or logo. Is it fake? Are you dealing with a fraudulent imitation?

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Biswajit Sarkar Copyright Blog

JULY 13, 2022

The ability of a company to create and capitalise on a distinctive brand to get the competitive edge necessary for success is at the core of the fashion industry, which goes beyond only clothing and accessories. Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands.

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LexBlog IP

FEBRUARY 16, 2022

The artist in the Hermes lawsuit branded his images MetaBirkins and is attempting to sell them on various internet sites using MetaBirkins as a brand name. Hermes is suing the artist for trademark infringement, trademark dilution, and cybersquatting. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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Patent Trademark Blog

JANUARY 25, 2024

How do you enforce your patents effectively to stop Amazon sellers from copying your product? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. You may benefit from the help of a patent attorney to request an Amazon neutral patent evaluation (NPE).

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Patent Trademark Blog

NOVEMBER 16, 2023

How to escalate your Amazon patent violation case What are your options when Amazon does not take down the infringing listing in response to your patent violation report submission? On the Brand Registry dashboard, you may have the option to escalate the Amazon patent violation matter. For utility patents, you want APEX.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are added benefits to each IPR that come along with their registration.

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Patent Trademark Blog

MAY 26, 2023

It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. These are the visual features that would have been appropriate for design patent protection. Can you trademark a product shape or feature? Product shape trademarks , therefore, are very rare.

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IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Trademark? Trademarks protect symbols and identifiers. What Is a Copyright?

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The IPKat

DECEMBER 5, 2021

The CREATe blog published an article on sharing the results of research about trade marks, fashion and crime in the nineteenth century, which tangencies the story of the Jaeger brand. Patently-O analysed this case.

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