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.

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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

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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

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IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

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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. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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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. Article 2.4

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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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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. Why would a company want to design a unique typeface?

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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?

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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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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

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Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? Then incorporate.

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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

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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.”

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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? Know which type of patent you own.

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Design Patent Patent Infringement Design Designs 52

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 many more provisions other than those that safeguard the design rights.

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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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.

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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.

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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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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 (..)

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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. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

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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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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.

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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.

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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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Design Designs Design Patent Brands 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.

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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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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.

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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

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

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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

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LexBlog IP

SEPTEMBER 27, 2021

Varsity Brands, Inc., ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v.

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LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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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.

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