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).
LexBlog IP
FEBRUARY 14, 2023
Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?
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The TTABlog
MARCH 2, 2022
Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. TTABlogger comment: I am of the view that "Tinker Bell" and other public domain character names are generic for dolls depicting the characters.
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. Dawgs’ (“Dawgs”) counterclaim for false advertising under the Lanham Act. Crocs largely prevailed in those actions. 1125(a)(1)(B) (Section 43 of the Lanham Act).
Greenspoon Marder LLP
SEPTEMBER 18, 2018
Certain marks may once have been legally protected trademarks that subsequently lost their protection as trademarks because the marks entered the public domain by becoming generic terms through public usage. and Plant (for the sale of plants).
Patently-O
FEBRUARY 5, 2024
by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” John Deere Co. of Kansas City , 383 U.S. 1, 5–6 (1966).
The IPKat
MAY 29, 2023
Chapter 2, authored by David Musker, considers the overlaps between patents and designs. The case unpacks a series of overlaps between the private nature of IP and the collective nature of TK, the “novelty” concept of IP, and the perceived “public domain” nature of TK.
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