IP Watchdog

MARCH 28, 2022

The bill is designed to address shortcomings with some of the statutory provisions of the Digital Millennium Copyright Act (DMCA) which have failed to incentivize the development of new technical measures for preventing copyright infringement online the way that Congress originally envisioned when passing the DMCA in 1998.

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The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

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Patently-O

APRIL 11, 2022

Although Nautilus made it easier for a court to find claim terms indefinite, the Federal Circuit continues indicate that the definiteness test strongly favors validity. Niazi’s US6638268 covers a double lined catheter designed for placing an electrical lead in the coronary sinus vein. In Niazi Licensing Corp. Jude Medical S.C.,

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Patent Reporting Licensing Designs 84

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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JD Supra Law

SEPTEMBER 1, 2021

It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU design system has significant advantages as well as certain disadvantages compared to the US system.

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Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.” A judge in one of those cases, Wepay v. 3 through 5.

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Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new.

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The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

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Kluwer Copyright Blog

OCTOBER 9, 2024

11413/2024) in a case concerning the protection by copyright of a lamp design. Part II will now turn to the compatibility of the approach adopted by the Italian courts to the cumulation of design and copyright protection for works of industrial design and applied art (WAA) with the existing case law of the CJEU in the area.

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Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? The case under scrutiny is LKQ Corp.

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IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

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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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Design Designs Trademark Patent 133

LexBlog IP

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

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LexBlog IP

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. This broad definition covers everything from literature to music to photographs, and — since a 1990 amendment to the Copyright Act — the design of buildings.

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Design Designs Copyright Intellectual Property 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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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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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.”

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? If that is true, getting a design patent would not necessarily protect you from infringement of utility patents. But, what if getting a design patent could somehow protect you from infringing other design patents? Design patents, however, present a unique twist.

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. The Office received a range of comments, both in support of and against the creation of a separate design patent practitioner bar.

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The IPKat

NOVEMBER 25, 2024

Designs Anastasiia Kyrylenko discussed the EU design reform, Regulation (EU) 2024/2822 , and Directive (EU) 2024/2823. The recent reform includes updated definitions for terms such as "design" and "product." Do not forget to check our Kat’s post for a detailed review of the updated articles and key points.

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More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

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The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

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Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Because the AADC adopts the same definition of “business” as the CCPA/CPRA, this ruling highlights that any speech restrictions in those laws remain vulnerable to a constitutional attack. Kuklinski v.

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Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. I’ve blogged that case three times as well, in Feb. What the Court Said.

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Design Designs Litigation Blogging 125

Legal Zoom

AUGUST 8, 2022

A release of liability form is designed to safeguard you against lawsuits by planning for and addressing potential disputes.

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Design Designs 52

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? The bill’s winners are few and far between, and definitely not the constituents that the California legislature should be trying to help. I did a media interview regarding AB 2273 that I thought was worth sharing here.

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JD Supra Law

MAY 31, 2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a ruling dated 28 February 2024 (Cass. In a ruling dated 28 February 2024 (Cass.

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The TTABlog

JUNE 28, 2022

Examining Attorney Julie Choe submitted dictionary definitions of "cosmetics" as well as a definition provided by the U.S. The Board concluded that Krete's goods fell within those definitions. In re Krete LLC , Serial No. 90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. Food and Drug Administration (FDA).

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LexBlog IP

MARCH 7, 2024

Is it possible that adding more specificity and detail to a design claim can render the claim indefinite and non-enabled under 35 U.S.C. In re Maatita , decided in 2018, is a seminal case on the requirements for enablement and definiteness under 35 U.S.C. § § 112 in the design patent context. 3d 1369 (Fed. § 112.

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JD Supra Law

APRIL 1, 2024

the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. By: AEON Law

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IP Watchdog

APRIL 12, 2023

This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, this Part 2 will deal with the timelines that govern the proceedings before the UPC. On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court.

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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. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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