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

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.

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Design Patent Designs Design Patent 53

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 Designs Design 52

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.

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Design Patent Designs Design Copying 65

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. The design must be a design for a specific article; it cannot exist independently of the article.

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Design Patent Designs Design 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. The design must be a design for a specific article; it cannot exist independently of the article.

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Design Patent Designs Design Patent 52

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.

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Design Patent Designs Design Patent 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.

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Copying Design Patent Designs Design 52

LexBlog IP

AUGUST 25, 2021

If your company designs and manufactures unique consumer products, then you likely already know about patents. You might even have a utility patent for one or more of your products. But you may not know about design patents. Utility Patents vs. Design Patents. Applying for a Design Patent.

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Design Patent Designs Design Patent 52

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.

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Design Patent Designs Design Intellectual Property 52

Patent Trademark Blog

NOVEMBER 30, 2022

No patents: What are your options against product copies? The only problem is that you have no patents, and your product has already been shown to the public for awhile. Use design patents to protect this new appearance. It’s understandable. So you invest in an initial production and see if it sells.

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Copying Patent Patent Application Blogging 98

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.

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Design Patent Designs Design Patent 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 ”).

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Design Patent Designs Design Patent 52

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. The claim is that coming from certain retailers = authenticity.

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Designs Design Design Patent Branding 59

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

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Designs Design Design Patent Patent 52

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

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 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.

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Design Patent Patent Design Designs 126

Patent Trademark Blog

MAY 16, 2024

Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? When competitors start copying your innovative product, what is your fallback strategy to stop them? Ready to patent your consumer product?

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Design Patent Patent Patent Application Designs 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

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. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Registration Designs Design Trademark 76

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 design rights. Design Rights.

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Intellectual Property Designs Design Artwork 52

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

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Designs Design Intellectual Property Registration 52

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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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.

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Design Patent Patent Cease and Desist Designs 52

LexBlog IP

SEPTEMBER 27, 2021

” 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. .” A copyright audit performed by a qualified design rights attorney may be able to identify these “slumbering” rights.

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Designs Design Copyright Artistic Work 52

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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Design Patent Patent Designs Design 52

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? 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? So you’ve created a new product.

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Design Patent Patent Designs Design 52

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. -

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Design Patent Advertising Advertising Designs 89

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. WS has nine relevant design patents, which it alleged Wayfair infringed.

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False Advertising Advertising Advertising Designs 59

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 Designs 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.

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Business Patent Design Patent Design 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 Designs 52

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.

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Design Patent Patent Intellectual Property 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.

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Design Patent Design Designs Registration 52