IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

Design Patent 59

Design Patent Design Designs Intellectual Property 59

Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. § 355(j)(2)(A)(vii)(IV).

Branding 87

Branding Brands Branding Marketing 87

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

Branding 52

Branding Brands Branding Marketing 52

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.

Intellectual Property 112

Intellectual Property Patent Infringement Patent Design Patent 112

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

Design Patent 59

Design Patent Design Designs Patent 59

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.

Design Patent 52

Design Patent Design Designs Patent Application 52

Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. 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.

Patent Infringement 52

Patent Infringement Cease and Desist Trademark Design Patent 52

Patently-O

NOVEMBER 21, 2022

Rather, the defendant must “prominently display the Sunset brand name in a manner that leaves no reasonable confusion that what is being sold. is a Sunset brand filter.” And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit. District Court Opinion.

Design 74

Design Designs Registration Trademark 74

IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

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. How do you start enforcing patents? Second, enroll in Amazon Brand Registry.

Patent 52

Patent Patent Infringement Design Patent Branding 52

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. What types of patents are eligible for Amazon APEX? The APEX program works for utility patents only. Where do you start?

Branding 89

Branding Branding Brands Design Patent 89

Patently-O

DECEMBER 20, 2022

I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. Mosaic Brands, Inc. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation.

Art 124

Art Branding Branding Brands 124

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

Larson & Larson

JULY 13, 2023

The owner of a patent has the right to decide who can use the patented invention, and can sue for patent infringement if someone else makes, uses or sells the invention without permission during the patent term. For example, Coca-Cola’s name and bottle design are protected trademarks.

Trademark 40

Trademark Patent Invention Intellectual Property 40

Corsearch

FEBRUARY 29, 2024

Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. In this guide, we walk through the manual steps you can take to remove counterfeits and other infringements from both the most prominent global marketplaces and the regional powerhouses.

Branding 59

Branding Brands Branding Intellectual Property 59

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Branding Brands 85

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. Novel innovations are protected by patents, but software codes, designs, or artistic components are protected by copyrights.

Intellectual Property 75

Intellectual Property Invention IP Technology 75

IP Intelligence

SEPTEMBER 23, 2024

2] The claims at issue are directed to a Food and Drug Administration-approved extended-release mirabegron tablet for the treatment of overactive bladder, marketed under the brand name Myrbetriq ®. [3] The decision from the district court aimed to resolve a lawsuit for patent infringement under 35 U.S.C. §

Patent 52

Patent Branding Branding Brands 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. WS has nine relevant design patents, which it alleged Wayfair infringed. Wayfair Inc.,

False Advertising 59

False Advertising Advertising Advertising Design 59

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. Will it help?

Reporting 52

Reporting Patent Design Patent Designs 52

IP Intelligence

JUNE 1, 2022

Many IP owners have discovered unauthorized use of their brands in the metaverse. This post will focus on decentralized domain names and why trademark owners should understand what they are and perhaps even consider registering some for their brands. . eth or [brand].crypto NFTs are relevant far beyond retailers and artists.

Non-Fungible Tokens 52

Non-Fungible Tokens Branding Brands Branding 52

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

JANUARY 25, 2024

Neutral Patent Evaluation: Next Steps When Amazon Listings of Copy Products Are Not Removed Submitting Amazon’s report of infringement does not always lead to a successful removal of the infringing listings. You may benefit from the help of a patent attorney to request an Amazon neutral patent evaluation (NPE).

Copying 52

Copying Design Patent Designs Design 52

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. by Dennis Crouch.

Design Patent 81

Design Patent Art Design Designs 81

Greenspoon Marder LLP

MAY 15, 2019

As discussed here, in September 2018, an Illinois federal court judge ruled that UGG is not a generic term for sheepskin boots and that the United States owner of the popular UGG brand, Deckers Outdoor Corporation, was permitted to pursue its claims for trademark and design patent infringement against an Australian company, Australian Leather Ltd.

Intellectual Property 40

Intellectual Property Blogging Design Patent Patent Infringement 40

Kashishipr

MARCH 16, 2022

One way in which the real estate owners designate the boundaries of their assets, which is the land, is by putting a fence around it. In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

IIPRD

MARCH 4, 2024

So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. The brand image is created of the company.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Patent Trademark Blog

MAY 31, 2023

Perhaps you might want to send them a C&D letter to get them to respect your patents. Are Amazon sellers using a similar brand or product name? Would it make sense to send them a trademark infringement letter. Underneath the obvious intentions of stopping infringement, a C&D letter might serve further strategic purposes.

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Patent Trademark Blog

MAY 11, 2022

You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks. File design patents to protect the appearance of the product. If the issue relates to the similarity of brands, it would be extremely helpful to obtain a trademark registration for your name or logo.

Design Patent 52

Design Patent Designs Design Registration 52

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Patent 8,129,385 (“patent 385”). The two companies have agreed to settle with Gilead paying $1.25 sales of Biktarvy.

Patent 120

Patent Settlement Invention Inventor 120

Greenspoon Marder LLP

SEPTEMBER 18, 2018

When American consumers hear the term UGG, do they associate that term with UGG brand boots or with any sheepskin boots? The lesson to take away from this case is that the owner of a popular brand MUST take steps to police its trademark to ensure that the term does not “enter the public domain” and become generic through public usage.

Public Domain 52

Public Domain Branding Branding Brands 52

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Other News from Around the World.

Reporting 116

Reporting Designs Design Copyright 116

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. 21-438).

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

SpicyIP

SEPTEMBER 25, 2023

2023 (Delhi High Court) Delhi High Court granted an interim injunction to the plaintiff against unauthorized use of its mark “Burger King”, the Crescent Logo Design and Hamburger Refresh Design Logo. The defendants were ordered to cease using specific domain names and email addresses associated with the brand. on 15 September.

Cease and Desist 99

Cease and Desist Copyright Infringement Invention Social Media 99

LexBlog IP

APRIL 19, 2023

As discussed in a previous post , just a few weeks ago the Federal Circuit upheld the ITC’s ban on the importation and sale of Phillip Morris’s line of heated tobacco and electronic cigarette products offered under the brand IQOS. Indeed, a recent Federal Circuit decision provided Healthier Choices Management Corp. 10,561,170.

Patent Infringement 52

Patent Infringement Reporting Patent Branding 52