Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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Design Patent Designs Design Patent 119

Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

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Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Designs Design Copying Copyright Law 246

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? The Amazon Design Patent Neutral Evaluation is for design patents.

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Copying Design Patent Designs Design 52

Intellectual Property Law Blog

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

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Registration Designs Design Copying 189

IP Law 360

MAY 18, 2023

A toy designer for MGA Entertainment testified Thursday in an intellectual property dispute between rapper T.I. and the company, speaking exuberantly for hours about the dolls at the center of the case before breaking down in tears as she denied stealing the idea.

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Designs Design Copying Intellectual Property 75

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 91

IP Law 360

FEBRUARY 13, 2023

of infringing its two bicycle wheel designs, alleging during opening statements before a Miami federal jury that its rival copied the company despite already knowing patents already existed. Bicycle components manufacturer SRAM Corp. on Monday accused Princeton Carbon Works Inc.

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Copying Designs Design Patent 40

IP Law 360

JANUARY 20, 2023

A company that makes distinctive cocktail glass-shaped and branded golf tees filed a lawsuit against a golfing novelty store in Georgia federal court, alleging the retailer ripped off its patented design and trademarked packaging, after agreeing not to sell copies of the tees.

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Copying Designs Design Branding 40

Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. Advanced Micro Devices, Inc., 2d 1555 (Fed.

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Designs Design Copying Copyright Law 130

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202.

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Registration Designs Design Copying 130

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Subscriber Agreements.

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Copying Social Media Licensing Technology 113

Plagiarism Today

AUGUST 4, 2022

Lin pointed out the similarities on Twitter, highlighting various elements that were clearly copied from his earlier work. . Lin, for his part, said that, while he is a Call of Duty fan, he was “very disappointed” to see his work copied in such a manner. If the work is clearly copied, the question then becomes how it happened.

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Plagiarism Designs Design Copying 224

Patent Trademark Blog

NOVEMBER 30, 2022

No patents: What are your options against product copies? Use design patents to protect this new appearance. The post No Patents: How to Protect Product from Copying appeared first on Patent Trademark Blog | IP Q&A. It’s understandable. You come up with a new product idea, but feel unsure about whether it will sell.

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Copying Patent Patent Application Blogging 98

IP Law 360

OCTOBER 6, 2023

A London court has ruled that the maker of the Tommee Tippee hands-free, high-tech breast pump did not infringe three registered designs for a rival's device, branded as Elvie.

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Designs Design Copying Branding 40

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. Hall, 2023 WL 8103156, No.

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Copying False Advertising Designs Design 59

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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IP Law 360

JANUARY 26, 2023

Sportswear giant Nike has slammed streetwear maker Bape with a trademark suit in New York federal court over purportedly similar shoe designs, arguing that Bape swiped the "iconic" look of Nike sneaker models like its Air Force 1s and Dunks.

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Designs Design Copying Trademark 40

LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

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Copying Social Media Designs Design 52

SpicyIP

JUNE 25, 2024

Astral Design Infringement Case By Aarav Gupta The High Court of Bombay issued an ad-interim injunction in the design infringement complaint filed by Pidilite Industries Limited (“Pidilite”) against Astral Limited, on the 13th of June, 2024. How are Competing Designs Assessed?

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Designs Design Patent Application Copying 40

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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Design Patent Designs Design Patent 98

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

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Design Patent Designs Design Patent 90

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.”

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Copying IP Copyright Law Designs 97

IP Law 360

MARCH 5, 2024

A New York federal judge refused Monday to end Nike's trademark action accusing Bape of copying the "iconic" look of Nike's Air Force 1 and Air Jordan sneakers, finding Nike's certificates of registration sufficiently articulate the purview of its purported trade dress, including specific, written descriptions and design details.

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Designs Design Copying Registration 53

IP Law 360

JANUARY 10, 2024

A Los Angeles-based designer is accusing Spirit Halloween of copyright infringement in a suit claiming that the country's largest Halloween retailer willfully made and sold unauthorized copies of her original "Spooky All Year" ghost pins.

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Designs Design Copyright Copyright Infringement 52

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? Can you speed up the design patent examination process?

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Design Patent Designs Design Patent Application 98

JD Supra Law

JUNE 26, 2023

The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, By: Snell & Wilmer

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Copying Designs Design Marketing 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. Wells, Daniel A.

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Design Patent Designs Design Copying 62

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 75

IP and Legal Filings

JULY 8, 2022

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Deed of assignment if the applicant is not the designer.

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Registration Designs Design Copying 69

Selvam & Selvam Blog

DECEMBER 17, 2022

In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. efiling #designs.

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Designs Design Copying Registration 52

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

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Copying False Advertising Social Media Advertising 94

TorrentFreak

JANUARY 4, 2022

The wide feature range of Genshin XYZ appears designed to undermine that monetization since the tool allows players to cheat their way to progress instead. Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics.

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Copying Copyright Infringement Intellectual Property Copyright 139

IP Law 360

OCTOBER 13, 2022

A Pittsburgh-based robot toy designer believes a Chinese competitor stole the source code for its interactive menu system by reverse engineering demonstration robots acquired from a predecessor company, according to a revised lawsuit filed in Pennsylvania federal court.

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Copying Designs Design 98

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

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Designs Design Trademark Patent 133

SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? Would you mix up these two labels: Officers choice and Peace Maker? image below). Well, it appears the courts think most consumers would.

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Copying Trademark Branding Brands 64

Biswajit Sarkar Copyright Blog

JULY 21, 2022

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

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