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Old test becomes new standard for design patents

JD Supra Law

In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. One way to protect the look and feel of your company’s products is with a design patent. By: McAfee & Taft

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MarkIt to Market® - September 2023: How Design Patents Can Complement Brands' Trademark Portfolios

JD Supra Law

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Impact of Full Federal Circuit’s Design Patent Decision is Far from Obvious

IP Watchdog

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.

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Court Prunes a Thicket of Claims and Counterclaims and Excludes Expert’s Design Patent Infringement Opinion 

JD Supra Law

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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Build a Consumer Base with Innovation; Protect Sales with Design Patents

IP Watchdog

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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New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury Verdict

JD Supra Law

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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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

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.