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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Design Patent Patent Infringement Designs Design 72

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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Design Patent Designs Design Trademark 52

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? Since then, giant companies all over the world ? Other countries are lagging behind.

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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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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.

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Design Patent Art Designs Design 81

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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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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Design Patent Designs Design 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? Other countries are lagging behind. Overview of current legislation in China. Article 2.4

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Design Patent Designs Design Patent 52

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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Design Patent Designs Design Patent 40

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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Branding Branding Brands Trademark 52

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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Branding Branding Brands Trademark 94

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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Design Patent Designs Design Intellectual Property 55

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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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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Designs Design Design Patent Branding 59

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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JD Supra Law

OCTOBER 18, 2022

Background - Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. Companies are smart to leverage GUIs. By: Seyfarth Shaw LLP

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Design Patent Designs Design Branding 98

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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Design Patent Designs Design Patent 59

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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Design Patent Designs Design Intellectual Property 52

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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Designs Design Registration Trademark 59

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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Designs Design Design Patent Patent 52

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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Branding Branding Brands Trademark 97

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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Design Patent Designs Design Branding 63

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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Registration Designs Design Intellectual Property 88

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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Designs Design Design Patent Branding 75

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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Designs Design 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.

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Designs Design Design Patent Branding 52

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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Design Patent Branding Branding Brands 59

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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Marketing Marketing Design Patent Designs 83

IP Law 360

SEPTEMBER 5, 2024

A Massachusetts-based shoemaker and its manufacturer must face almost every intellectual property claim brought against it by Birkenstock after a federal judge declined to dismiss all but one claim in the popular brand's suit alleging design patent, trademark and trade dress infringement.

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Intellectual Property Design Patent Branding Branding 52

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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Branding Branding Brands Copying 52

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 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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Designs Design Copyright Artistic Work 52

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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Intellectual Property Designs Design Artwork 59

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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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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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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