IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Brands 98

Brands Branding Branding Trademark 98

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?

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Design Patent Design Designs Patent Application 52

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.

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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.

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Design Patent Designs Design Patent 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 Design Designs Trademark 93

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 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?

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Design Patent Patent Infringement Design Designs 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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Advertising Advertising Design Patent Designs 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.

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Confidentiality Patent Patent Application Invention 96

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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Patent Trademark Blog

MARCH 24, 2022

How to protect your products with trademarks. Trademarks are relatively straightforward. To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. How to protect your innovation with patents.

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Intellectual Property IP Patent Application Invention 98

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Trademark? Trademarks protect symbols and identifiers. What Is a Copyright?

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Intellectual Property Trademark Copyright 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 Design Designs Intellectual Property 40

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. Can you trademark a product shape or feature?

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Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Register your trademarks to block the sale of competing goods that use a similar name or logo. Is it fake? If so, it might be a counterfeit.

Design Patent 52

Design Patent Design Designs Registration 52

SpicyIP

SEPTEMBER 6, 2021

. & Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Delhi High Court in Dassault Systems v. Bombay High Court.

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. When your product contains unique functional features, apply for a utility patent. If your product has unique aesthetic features that are nonfunctional, file a design patent application. See utility patent costs here and design patent costs here.

Design Patent 52

Design Patent Patent Cease and Desist Designs 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.

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Design Patent Copyright Law Intellectual Property 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.

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False Advertising Advertising Advertising Patent 115

Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. This is a design patent SAD Scheme case. Yet, the opinion takes a sour turn when the judge tries to explain why the joinder analysis might be different with trademark cases.

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Copyright Design Patent Trademark Designs 78

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.

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Design Patent Patent Designs Design 52

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

JUNE 8, 2022

The Paris Convention, 1883- Patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition are all covered by the Paris Convention, which was enacted in 1883. Four copies of Representation of the design on A4 size.

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Registration Design Designs Intellectual Property 97

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.

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Brands Branding Branding Copying 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

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.)

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Design Designs Design Patent Brands 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.

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Copyright Artistic Work Design Patent 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? Doing so will enable you to file foreign patents if you choose.

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Business Patent Design Patent Design 52

LexBlog IP

MARCH 8, 2022

Interesting Patents. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. . About Design Patents.

Design Patent 52

Design Patent Patent Intellectual Property Designs 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

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 case review and investigations from the administrative authority were very quick and within 24 hours an injunction was issued.

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Design Designs Copyright Design Patent 57

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

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. permanent injunction against the Respondent from using the trademark and trade dress similar to the Plaintiff’s ‘Yellow Diamond’ mark and trade dress. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

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Trademark Patent Copyright Designs 104

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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Design Designs Copyright Artistic Work 52

LexBlog IP

MAY 8, 2023

Trademark clearance: An important, money-saving process to provide certainty that no one else previously registered the same concepts. Trademark application – U.S. and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S.

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Intellectual Property Cease and Desist IP Litigation 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. .

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Inventor Patent Invention Design Patent 52

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. Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?

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