Patently-O

JANUARY 13, 2023

Courts have been tasked with determining which products are and are not the same “type” of product in the trademark context; there is no obvious reason why they should not be able to do the same in the design patent context. Sarah Burstein, The Patented Design , 83 Tenn. The asserted design patent, U.S.

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JD Supra Law

OCTOBER 18, 2022

It’s well known by marketing professionals that a well-implemented GUI can positively influence a purchaser’s decision to buy a particular product or service. Background - Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. By: Seyfarth Shaw LLP

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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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. Section 4.4.2 2014)??(?)???2815?).

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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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Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

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Patently-O

OCTOBER 18, 2022

Earlier in 2022, the USPTO made some minor expansions to the criteria for registering as a patent attorney, but this new proposal offers the possibility of a broader inclusive market and a mechanism for the Office to regularly update eligibility criteria.

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IP Law 360

OCTOBER 7, 2024

Patent and Trademark Office when obtaining design patents, a Delaware federal judge ruled Monday, shooting down a key argument from Masimo Corp. as the parties continue to fight over the market for smartwatches. Apple did not deceive the U.S.

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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. Section 4.4.2

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Olartemoure Blog

MAY 7, 2024

In the competitive market, protecting the packaging design of products is highly important. How can I protect designs with copyrights? How can I protect designs with patents? Design patents guard your innovations against imitation for up to 15 years depending on the jurisdiction of protection.

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IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks.

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JD Supra Law

DECEMBER 3, 2021

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a series of utility and design patents held by Shenzhen Smoore Technology Limited.

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IAM Magazine

NOVEMBER 8, 2022

Lower cost enables IP holders to file quickly and often, gaining early exclusionary rights to block competitors and protect market share

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LexBlog IP

OCTOBER 17, 2022

It’s well known by marketing professionals that a well-implemented GUI can positively influence a purchaser’s decision to buy a particular product or service. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products.

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Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. Universal Robots then filed a design application for the UR5 in January 2020. Design Patent No.

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JD Supra Law

DECEMBER 21, 2023

awarded Plaintiff Dynamite Marketing, Inc. On December 1, 2023, Judge Gary R. Brown (E.D.N.Y.) Plaintiff”) fees and costs, declined to enhance damages, granted a permanent injunction against future infringement, and denied each of Defendants’ motions for judgment as a matter of law, for a new trial and/or remittitur.

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IPilogue

JANUARY 30, 2023

One of the issues the judge examined in this case was whether the design of Fleece Dawgs footwear differed substantially from the 939 Design under s. 11(1)(a) of the Industrial Designs Act. In a mass intellectual property protection effort, Crocs filed lawsuits against 21 companies in 2021 for trademark infringements.

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Nelligan Law

AUGUST 4, 2023

The legal nuances surrounding trademarks, counterfeiting, collaborations, and the ever-expanding resale market fascinated me as I delved deeper into understanding the mechanisms that governed our beloved hobby. Moreover, sneaker companies can also protect their shoe designs through design patents.

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Technology & Marketing Law Blog

MARCH 8, 2024

Without hearing from the defense, the adjudicators are far too likely to find over-infringement and give insufficient credit to the defenses (such as the first sale defense for used/gray market goods). Schedule A Defendants My Declaration Identifying Emoji Co.

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IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. I covered this topic in more details in a previous blog ( here ).

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U.S. Department of Commerce

FEBRUARY 16, 2022

One of her top priorities was to obtain a design patent for her jeans’ enhancement innovation. The company now holds 11 patents, with several more pending, and has trademarked its brand. The research center contains data, research, and analysis covering industries and markets around the world. Also, for U.S.

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Patent Trademark Blog

FEBRUARY 6, 2023

How much to patent an idea? Patenting isn’t cheap. The type of application – design or utility – will largely determine the cost. For design patents, expect the initial filing to cost around $1,250 to $1,500. On average, design applications have an approval rating of well over 80%.

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IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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JD Supra Law

OCTOBER 12, 2021

Significant resources are invested to bring a product or service to market. Utility patent protection is available for inventions that are useful, novel, and nonobvious. A multi-layered intellectual property strategy can protect the assets obtained during development. Other layers of U.S.

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Patent Trademark Blog

DECEMBER 13, 2023

What patents will help you remove infringing Amazon listings? Ideally, you want to build IP rights with both utility and design patents. A utility patent, though broader, can take years to obtain. In the meantime, design patents are quicker and cheaper to obtain. Your focus should be on the patent claims.

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More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. 3-D Printing and Copyrights, Patents, or Trademarks. Be sure to consult with an experienced patent attorney on how best to claim your new 3-D printing innovation so that it is worthwhile.

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43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Almost all of these designs were abandoned/discontinued circa 1955, and only brought back after other people restored their popularity.

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Patent Trademark Blog

DECEMBER 7, 2023

Going naked without patent protection will simply invite competitors to steal your market share. Need to get or enforce a patent against Amazon sellers? 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.

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Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. GmbH as a Possible Trademark Troll The post Misjoinder Dooms SAD Scheme Patent Case–Wang v. Schedule A Defendants appeared first on Technology & Marketing Law Blog.

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Indiana Intellectual Property Law

APRIL 26, 2024

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®.

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Patently-O

OCTOBER 24, 2022

Rothy and Birdies compete in the shoe market. Rothy’s launched its knit loafers in 2017; Birdies launched its product in 2021 and Rothy’s sued for infringing three of its design patents. by Dennis Crouch. D885,016, D885,017, D909,718, and D870,425.

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Patent Trademark Blog

SEPTEMBER 18, 2024

A earlier-filed patent application may be used to reject a subsequently filed application, but only when the earlier application is published. Design patent applications, however, are never published. Only granted design patents are published. For design applications, request Rocket Docket.

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Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval.

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The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. Especially relevant for issuers of crypto-assets and crypto-asset service providers in Europe will be the Regulation on Markets in Crypto-assets, which could enter into force in 2022.

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43(B)log

JANUARY 27, 2023

The remaining design patent claims also failed. design patent First, the court filtered out the functional features: the narrow head that allowed detailed or precise shaving; the handle angle and length that allowed a comfortable shaving position; the gripping surface for a secure hold and precise control.

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IP Law 360

SEPTEMBER 18, 2023

A federal jury in Long Island found last week that one New York marketing company owed another business nearly $1.9 million for selling Swiss Army knife-like gadgets as marketing swag to banks and other businesses that infringe a design patent.

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Patent Trademark Blog

JUNE 15, 2023

Would a design patent be worth your money and time? So far, most of the considerations above relate to utility patents. The cost to obtain a design patent is typically a fraction of what it costs to get a utility patent. Is it worth it to apply for a patent?

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