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

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. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. White , 81 U.S.

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Inventor Art Designs Design 78

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? Sometimes ignorance is bliss.

Design Patent 52

Design Patent Patent Patent Application Design 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. The Court held that “origin” in the Lanham Act refers only to the source of the physical products sold in the marketplace, not to the creator of the underlying creative content.

False Advertising 115

False Advertising Advertising Advertising Patent 115

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. When does it refer to the origin of the design v.

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Designs Design Design Patent Branding 59

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. D405,622, referred to as “Linz” after its inventor Arthur W. In Campbell Soup Company v.

Designs 52

Designs Design Inventor Design Patent 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 Design 59

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

Larson & Larson

JANUARY 10, 2021

Process: This refers to things such as business processes and software. Composition of Matter: This refers to inventors in the pharmaceutical industry, for example. Design Patent. A design patent is a type of patent that provides legal protection of the unique visual qualities of a manufactured item.

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Inventor Patent Invention Design Patent 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.

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Intellectual Property Designs Design Artwork 59

Patent Trademark Blog

MARCH 24, 2022

Unlike trademarks, patents do not require any use by the owner in order to be protectable. Patents also expire. For a limited duration, a patent owner has the power to exclude others from copying or using the patented invention. But, how do you convert an idea in your mind into an actual patent?

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Intellectual Property IP Patent Application Invention 98

The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token.

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Intellectual Property Non-Fungible Tokens IP Contracts 97

IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. It was another case of how hard it is for big brands to defend their marks against light-hearted references where the respective products have different markets. 47 of 1999. Apple Inc. 3d 983 (2015).

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Branding Branding Brands Trademark 98

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.

Designs 52

Designs Design Intellectual Property Registration 52

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].

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Intellectual Property Design Patent Designs Design 52

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. It has been debated whether NFTs/DC could be protected in China by design patents. Article 10.1

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IP Ownership Non-Fungible Tokens Copyright Law 109

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Branding Brands Copying 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 design rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Above the Fold

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].

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Intellectual Property Design Patent Designs Design 40

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. But we can find circumstantial evidence of science fiction’s influence by searching patents.

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Patent Law Law Inventor Patent 96

Patentably Defined

JANUARY 19, 2011

The requirements and Rules for patent drawings are substantially set forth in Section 608.02 of the MPEP , which should be a primary reference in the preparation of patent drawings. 111(b); Nonprovisional utility patent applications under 35 U.S.C. 111(a), including reissue utility patent applications; U.S.

Patent Application 40

Patent Application Design Patent Invention Copying 40

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. In particular, you can file a petition to speed up your trademark application and submit a copy of the C&D letter to the USPTO. Why send a cease-and-desist letter?

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Cease and Desist IP Trademark Registration 52

SpicyIP

NOVEMBER 15, 2022

The High Court referred to the terms of the assignment deed and ruled that “ what was agreed between the parties is traditional mode of exhibiting the cinema as could be contemplated by both parties by then, but after technical advent of exhibiting film through satellite has become available. In the present case the Assignor (Defendant no.

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Trademark Patent Copyright Design 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

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Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. It has been debated whether NFTs/DC could be protected in China by design patents. Article 10.1

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Things like THE show TM’s inability to distinguish recognition of a reference from source-indicating significance.

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Trademark Law Law Trademark Registration 75

SpicyIP

OCTOBER 27, 2023

Nagging refers to persistent, repetitive, and constant requests for action, such as the ‘sign-up’ or ‘subscribe now’ box repeatedly opening on an unrelated webpage during various access steps. Example: ‘No thanks, I hate saving money’ 5.

Intellectual Property 52

Intellectual Property Design Designs False Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. In recent years, there have been a number of high-profile litigations in the United States involving patents directed to each of the above-referenced components, including patent litigations related to cathodes, 13 anodes, 14 separators, 15 electrolytes, 16 battery cell packaging, 17 and battery module packaging.

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Intellectual Property Technology Journalism IP 52

43(B)log

OCTOBER 28, 2024

May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Sanho Corp. Kaijet Technol. Int’l, 2024 WL 4553279, F.Supp.3d 1:18-cv-05385-SDG (N.D. They were directly competing.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

JUNE 24, 2022

Typically D argues that I’m using the term in mere advertising copy/not in a TM space. It’s text and not design so we don’t call it ornamentality. By reference to consumers in this market: claimants argued it’s now usual to print TMs all over a luxury product; court of justice said this was a different market, for hoodies.

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Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 3, 2024

Also no reference to cannabis, THC, or CBD. Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a design patent, would need to flip up and fry an egg. Design w/in Reach had some “authorized” works but also was making their own versions of furniture.

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Designs Design Law Design Patent 59