LexBlog IP

FEBRUARY 14, 2023

A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. This could be problematic if a company is still heavily relying upon the typeface as a source of unique design for its brand.

Design Patent 52

Design Patent Designs Design Patent 52

IP Intelligence

JULY 19, 2024

Implications for Patent/Trademark Prosecutors and Holders The U.S. Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

The TTABlog

AUGUST 1, 2023

Genericness: The Board found that the word “sneaker(s)” is generic for retail services featuring sneakers because it is a term that the relevant public uses or understands to refer to a key aspect or subcategory of the genus, which Nike did dispute. Nike submitted numerous articles showing use of SNKRS as a trademark.

Designs 40

Designs Design Public Use Advertising 40

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

BI argues that FDA’s current interpretation “encourages, or at least permits, brand sponsors to use minor concentration changes as an anti-competitive tactic.” BI points to Humira ® (adalimumab) as an example. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

JANUARY 31, 2025

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. Jake Linford: Thinks of both Abercrombie and Seabrook as asking the same question of sending the consumer a signal of branding. Grynberg, The Paranoid Brand in American Politics Misinformation and trust.

Brands 52

Brands Branding Branding Designs 52