Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. The issue is whether the accused product would deceive an ordinary observer to suppose it to be the patented design.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. 21, 2024) (question paraphrased).

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements.

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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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JD Supra Law

SEPTEMBER 22, 2023

The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art. Precedential and Key Federal Circuit Opinions - NETFLIX, INC. DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. By: WilmerHale

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Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?

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Patent Infringement Cease and Desist Patent Design Patent 52

Patently-O

OCTOBER 30, 2022

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

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LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. Seirus Innovative Accessories, Inc.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. The lower court thus erred by permitting the jury to consider additional references. Design Patent No.

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LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. ” Thus, the prior-art design must be applied to the article of manufacture identified in the claim.

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The IP Law Blog

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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Patent Trademark Blog

OCTOBER 15, 2024

Contact US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore how our patent infringement experience can benefit your business. How can you tell the difference between a published application and a granted patent? At the outset, design patent applications are never published.

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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. Wayfair Inc.,

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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.

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Greenspoon Marder LLP

SEPTEMBER 18, 2018

The maker of the “Murphy Bed,” for example, lost its trademark protection because the term Murphy bed, in the eyes of a substantial majority of the public, refers to a bed that falls into a wall enclosure, not to the specific bed sold by the Murphy Door Bed Company.

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Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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The IP Law Blog

JANUARY 18, 2024

Reverse engineering refers to taking a finished product and analyzing it to determine the recipe for making it, what its functionality is, the ingredients and/or composition of it, and/or the process for making it. For example, the original creator of the trade secret must have used it within the United States before the patent priority date.

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Patent Trademark Blog

MAY 31, 2023

Patents are typically more complicated, and utility patent claims will require more sophistication than design patent infringement assertions. Invalidity means that their alleged IP rights are not valid, regardless of whether or not you infringe.

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Cease and Desist IP Trademark Registration 52

LexBlog IP

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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Patently-O

JUNE 24, 2024

Respondent: Whether a district court’s discretion under the Lanham Act permits using the financial statements of “non-arms’ length” affiliates to adjust a disgorgement award against a trademark infringer, and only that infringer, when the infringer has claimed $0 in profits. ” 15 U.S.C.

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LexBlog IP

JANUARY 18, 2024

Reverse engineering refers to taking a finished product and analyzing it to determine the recipe for making it, what its functionality is, the ingredients and/or composition of it, and/or the process for making it. .” Also, confidential business information is not a trade secret if it can be reverse-engineered. ” See 35 U.S.C. §

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

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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