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.

Design Patent 72

Design Patent Patent Infringement Design Designs 72

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

Design Patent 57

Design Patent Design Designs Patent 57

JD Supra Law

SEPTEMBER 16, 2024

Fiskars Finland OY AB and Fiskars Brands Inc. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. collectively, “Fiskars”) sued Woodland Tools Inc. By: Irwin IP LLP

Design Patent 66

Design Patent Patent Infringement False Advertising Design 66

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

JD Supra Law

JULY 15, 2024

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4

Design Patent 63

Design Patent Design Designs Patent 63

43(B)log

OCTOBER 9, 2023

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.”

Advertising 72

Advertising Advertising Branding Brands 72

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.

Design Patent 52

Design Patent Design Designs Patent 52

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? In China, a GUI alone cannot be registered as a design patent. Section 4.4.2

Design Patent 52

Design Patent Design Designs Patent 52

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.

Business 131

Business Contracts Branding Brands 131

JD Supra Law

OCTOBER 7, 2021

Potter participated in a panel discussion addressing “Anti-Counterfeiting: Enforcing Design Patents at the Border.” In numerous countries, customs and border officials stop imports of products (and in some cases exports) that infringe industrial design rights. By: Kilpatrick Townsend & Stockton LLP

Design Patent 56

Design Patent Design Designs Intellectual Property 56

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

Design Patent 52

Design Patent Design Designs Patent 52

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

Design Patent 52

Design Patent Design Designs Trademark 52

Patent Trademark Blog

FEBRUARY 26, 2024

How to Register IP for your Clothing Your new clothing brand may have a variety of IP to protect. Need to protect your clothing brand? Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights.

Branding 52

Branding Brands Branding Trademark 52

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

Patent Trademark Blog

SEPTEMBER 10, 2024

Utility patent infringement is handled by an Amazon program called APEX which stands for Amazon Patent Evaluation Express. In addition, Amazon can resolve design patent infringement cases through design patent neutral evaluations. You can invite a patent attorney to act as an agent of your brand.

Design Patent 52

Design Patent Patent Infringement Design Designs 52

Indiana Intellectual Property Law

APRIL 26, 2024

Indianapolis, Indiana – FullBeauty Brands Inc. The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. has been accused of trademark infringement in a lawsuit filed by Pennsylvania -based Global Trademarks Inc.

Branding 52

Branding Brands Branding Trademark 52

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.

Marketing 86

Marketing Marketing Design Patent Design 86

IP Watchdog

SEPTEMBER 15, 2023

This week in Other Barks & Bites: the CAFC issues a precedential ruling in a design patent win for Columbia Sportswear; the country’s biggest tech CEOs testify before Congress on the state of artificial intelligence (AI) in the United States; the Federal Trade Commission releases a policy statement charging that brand pharmaceutical companies (..)

Design Patent 59

Design Patent Design Designs Patent 59

IP Law 360

SEPTEMBER 15, 2023

The Federal Circuit on Friday established for the first time what kinds of prior art can be reviewed by courts and juries in design patent cases, finding that a third trial is needed in order to determine whether a brand of gloves and outerwear infringes a design patent owned by Oregon clothing company Columbia Sportswear.

Design Patent 40

Design Patent Design Designs Patent 40

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 52

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

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

Intellectual Property Office Blog

FEBRUARY 14, 2025

From patented heart-shaped jewellery to chocolate brands protected with trade marks, romance has long inspired inventors and creators across the UK. Love, innovation, and creativity have always gone hand in hand. Whilst you are busy planning the perfect gift, intellectual property (IP) is quietly playing cupid behind the scenes.

IP 59

IP Intellectual Property Inventor Brands 59

IP Law 360

MARCH 23, 2022

A New York federal judge has held that cognac producer Remy Martin provided enough details about its cognac bottle design elements to keep alive claims that rapper 50 Cent's competing brand mimicked its bottle's trade dress, rejecting bids to trim those allegations from E. s design patent suit. Remy Martin & Co.'s

Design 75

Design Designs Design Patent Brands 75

JD Supra Law

OCTOBER 2, 2024

The Federal Circuit overturned its 42-year-old obviousness test for designs. The shape of a handbag, the red sole of a shoe: for fashion companies, design patents have long played a role in brand protection efforts. Fashion companies, take note. By: Katten Muchin Rosenman LLP

Design Patent 66

Design Patent Design Designs Brands 66

IAM Magazine

JULY 27, 2022

A case in China involving a leading toy brand operator demonstrates the importance of employing consistent criteria when assessing the similarity of patent designs during infringement and invalidation proceedings.

Design 52

Design Designs Design Patent Patent 52

IAM Magazine

JULY 27, 2022

A case in China involving a leading toy brand operator demonstrates the importance of employing consistent criteria when assessing the similarity of patent designs during infringement and invalidation proceedings.

Design 52

Design Designs Design Patent Patent 52

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.

Design Patent 40

Design Patent Design Designs Intellectual Property 40

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.

Design 52

Design Designs Design Patent Branding 52

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.

Design 52

Design Designs 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?

Brands 89

Brands Branding Branding Design Patent 89

IP Close Up

FEBRUARY 13, 2024

design patent grants almost tripled. Between 2005 and 2020 the number of U.S. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent 88

Design Patent Design Designs IP 88

IP Law 360

SEPTEMBER 10, 2024

of infringing a design patent and trade dress for Ugg "Classic Ultra Mini" boots with the retailer's Kirkland-branded footwear. Deckers Outdoor Corp. has dropped its suit in California federal court accusing Costco Wholesale Corp.

Design Patent 59

Design Patent Branding Branding Brands 59

Nelligan Law

AUGUST 4, 2023

Sneaker companies invest substantial resources in designing unique logos, branding, and shoe designs. Trademark holders have the exclusive right to use their logo and branding, allowing them to safeguard their reputation and prevent counterfeiting.

Law 98

Law Intellectual Property Editing Brands 98

43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Almost all of these designs were abandoned/discontinued circa 1955, and only brought back after other people restored their popularity.

Design 59

Design Designs Design Patent Branding 59

IP Law 360

JULY 16, 2024

Privately held Maine retailer and lifestyle brand L.L. is facing a lawsuit that accuses it of selling slip-on shoes that infringe heel design patents owned by footwear multinational Skechers USA Inc.

Design Patent 52

Design Patent Branding Branding Brands 52

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."

Design Patent 52

Design Patent Branding Brands Branding 52