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 Watchdog

AUGUST 20, 2021

Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC did not demonstrate the claimed designs of Gamon, Inc.’s s design patents would have been obvious over the prior art.

Design Patent 126

Design Patent Patent Design Designs 126

JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M.

Design Patent 64

Design Patent Design Designs Copying 64

LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

Design Patent 52

Design Patent Design Designs Patent 52

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

Design Patent 52

Design Patent Design Designs Patent 52

Patent Trademark Blog

SEPTEMBER 17, 2024

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? If you sell first, have you lost the ability to obtain a patent? How long after selling a product can you still file a design patent?

Design Patent 52

Design Patent Design Designs Patent Application 52

Patent Trademark Blog

JANUARY 25, 2024

How to take down Amazon seller listings that copy your products You have invested a great deal of time and money to develop your products. Now you’re being copied by others. What can you do to take down Amazon seller listings of copy products? A Patent Owner may submit a maximum of 20 ASIN numbers in an evaluation.

Copying 52

Copying Design Patent Design Designs 52

Patently-O

JUNE 11, 2024

GM is perhaps as dramatic a change for the design patent arena as Alice was for utility patents. The old Rosen-Durling test made it almost impossible to reject a design patent as obvious except for extreme cases involving either direct copying or extremely broad claims.

Design Patent 45

Design Patent Design Designs Patent 45

Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

Design Patent 52

Design Patent Design Designs Patent 52

Patently-O

FEBRUARY 4, 2024

GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Although design patent examination has become more rigorous, obviousness rejections remain relatively rare in comparison to their utility patent brethren.

Design Patent 53

Design Patent Design Designs Patent 53

LexBlog IP

AUGUST 25, 2021

But you may not know about design patents. Utility Patents vs. Design Patents. Utility patents focus on what makes your product tick, meaning the functional or useful aspects of your product. Think of function and use as the “utility” in “utility patent.”

Design Patent 52

Design Patent Design Designs Patent 52

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?

Design Patent 52

Design Patent Patent Infringement Design Designs 52

LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

Design Patent 52

Design Patent Design Designs Patent 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare. Narrow patents are less likely to be found unpatentable.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

SEPTEMBER 3, 2021

As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc. But to be persuasive, a nexus must exist between that evidence and the design’s merits. . By: Jones Day

Design 52

Design Designs Design Patent Patent 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

LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

Design Patent 40

Design Patent Design Designs Intellectual Property 40

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Advertising 90

Advertising Advertising Design Patent Design 90

Patent Trademark Blog

OCTOBER 26, 2022

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? Patenting makes sense if your secrets will no longer remain confidential after your product launch. What if your patent is not enabling? Let’s face it.

Confidentiality 96

Confidentiality Patent Patent Application Invention 96

The IP Law Blog

DECEMBER 8, 2022

There are some patents that do not describe complicated inventions. One such patent is a design patent for an artificial Christmas tree. design patent no. The problem with this patent is that it would be fairly easy to design around by changing the arrangement of the layers or the number of slats.

Patent 98

Patent Design Patent Invention Inventor 98

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v. Compco, etc.)

Design 59

Design Designs Design Patent Branding 59

Intepat

DECEMBER 12, 2024

However, protecting these interfaces involves navigating complex layers of copyright, design patents, and other intellectual property laws that cover specific aspects of GUIs. This dual protection helps safeguard both the creative design of the interface and the technical instructions enabling it to function.

Copyright 52

Copyright Artistic Work Design Patent Design 52

Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

Design Patent 52

Design Patent Patent Cease and Desist Design 52

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. Michael Piper of Conley Rose filed this one on behalf of an anonymous party challenging Zhang’s U.S. D810,925 (“breast pump”).

Inventor 78

Inventor Art Design Designs 78

LexBlog IP

MARCH 8, 2022

Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” ” While this patent does not mention the specific model of vehicle for the design, the look bears similarity to the Scuderia Ferrari SF1000 that raced in the 2020 Formula One season. About Design Patents.

Design Patent 52

Design Patent Patent Intellectual Property Design 52

IP and Legal Filings

JUNE 8, 2022

Schedule 2 of the Designs Act, 2000 consists of all the essential registration information, under sections 3- 10. Four copies of Representation of the design on A4 size. 25,000 which may extend up to Rs 50,000. The information and documents necessary for registration: General Power of Attorney (POA) signed by the proprietor.

Registration 97

Registration Design Designs Intellectual Property 97

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.

Design Patent 52

Design Patent Patent Design Designs 52

Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

Design Patent 52

Design Patent Design Designs Registration 52

LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. and NBCUniversal Media, LLC relating to alleged copying of fonts. Design Patents. Design Patent No.

Design Patent 52

Design Patent Copyright Law Intellectual Property Design 52

Patent Trademark Blog

DECEMBER 13, 2023

Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Need a useful patent that will actually stop competitors from taking your sales? Let’s tackle these questions.

Design Patent 52

Design Patent Patent Design Designs 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. If you are in that situation, perhaps not all hope is gone.

IP 75

IP Patent Design Patent Artwork 75

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

LexBlog IP

AUGUST 19, 2021

Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Design Patent No. In Campbell Soup Company v. D612,646 and D621,645 would not have been obvious.

Design 52

Design Designs Inventor Design Patent 52

Patent Trademark Blog

JUNE 15, 2023

I think most business folks would agree that if an innovative product sells really well, then it would be worth patenting the innovation to block copycats by competitors. Why allow the competition to forego the hard work of product conception and development by copying your product and undercutting your price? What is the solution?

Design Patent 52

Design Patent Patent Patent Application Design 52

Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

Business 52

Business Patent Design Patent Design 52

Larson & Larson

JANUARY 10, 2021

Design Patent. A design patent is a type of patent that provides legal protection of the unique visual qualities of a manufactured item. A design patent can be granted to an inventor in the event the product has a distinct configuration, distinct surface ornamentation, or both. .

Inventor 52

Inventor Patent Invention Design Patent 52