Intellectual Property Law Blog

APRIL 18, 2023

One way to, at least partially, overcome this is to consider design patent protection for computer generated icons and certain aspects of the graphical user interface (GUI) elements of a computer program. Strategic use of design patents can be an important part of an overall patent strategy.

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SpicyIP

APRIL 18, 2025

Aditya is a third-year law student at the National Law School of India University, Bangalore. Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas.

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JD Supra Law

SEPTEMBER 18, 2024

Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of design patent law. These updates reflect a broader trend towards more flexible and inclusive IP protection, ensuring that innovators can better safeguard their relative designs. By: Bennett Jones LLP

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The IPKat

FEBRUARY 17, 2025

Heres what they write: The UKs AI and copyright consultation will data protection law render any commercial TDM exception ineffective? By way of brief overview of data protection law, under the UK GDPR personal data means any information relating to an identified or identifiable natural person.

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JD Supra Law

JANUARY 23, 2025

As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc whether the long-standing design patent obviousness test required modification. and elsewhere. In last years report, we noted that the U.S. While the new.

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SpicyIP

NOVEMBER 9, 2024

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. student at National Law School of India University, Bengaluru.

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JD Supra Law

NOVEMBER 1, 2024

Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces.

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JD Supra Law

FEBRUARY 21, 2025

When there are fewer design elements in a design claim or when the individual elements of the design seem commonplace in isolation, it can be easy to overlook the inventive effort that went into developing a design. By: Quarles & Brady LLP

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JD Supra Law

JANUARY 23, 2025

The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. design patents: one Rule 36(a) affirmance, two decisions involving litigation misconduct, one affirmance of an Examiners (and Boards) rejection, and one en banc decision that overturned more than 40 years of obviousness case law.

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JD Supra Law

JANUARY 27, 2025

International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents.

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IP Watchdog

APRIL 13, 2025

Oppositions must be filed within nine months of the patents grant, and they offer a centralized way to revoke or limit the patent in all designated states. Case law from 20242025 illustrates how the UPC and parties are managing double-tracked disputes.

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The IPKat

MARCH 31, 2025

Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.

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The IPKat

JANUARY 27, 2025

But what is the right time for assessing a design infringement? Since 2010, it owns registered Community designs (RCD) for the Airfryer, including RCD no. The preliminary injunction was granted on the basis of design infringement. Background Koninklijke Philips NV (Philips) marketed various air fryers under the brand Airfryer.

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JD Supra Law

MARCH 25, 2025

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. Looking back at last years design patent issuance statistics, we now take the time to determine whether, if at all, the issuance numbers.

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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. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. source code) under copyright law.

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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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IIPRD

JANUARY 7, 2025

One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.

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IP and Legal Filings

DECEMBER 16, 2024

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.

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IP Watchdog

OCTOBER 15, 2024

The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law.

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The IPKat

APRIL 6, 2025

Copyright Law by Angela Chung Do everything by hand, even when using the computer. Unfortunately, the law does not currently provide a means for us to address those ethical questions. Case law has typically dealt with the physical destruction of tangible artistic works, such as famous murals being painted over.

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IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. As against this, customs law governs the entry and exit of goods in and out of the country under the Customs Act, 1962.

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JD Supra Law

JANUARY 28, 2025

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (PTAB Aug. 6, 2024) and Hangzhou Taihe Trading v. EP Family Corp.,

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IP Watchdog

NOVEMBER 12, 2024

This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.

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Nelligan Law

JANUARY 9, 2025

Trademark law exists to prevent exactly this kind of chaos. The post Walmarts $80 Birkin Bag: Discount Luxury or Designer Comedy Gold? appeared first on Nelligan Law. Walmarts $80 doppelgnger is the equivalent of showing up to the Oscars in a tuxedo T-shirt and Crocs.

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Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

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IP Watchdog

NOVEMBER 22, 2024

Department of Justice (DOJ) plans to ask a judge to force Google to sell Chrome in an ongoing legal case accusing Google of monopolistic practices; WIPO member states adopt the Riyadh Design Law Treaty; and the U.S.

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IP Watchdog

MARCH 31, 2025

Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patent applications and performing invalidity and infringement analysis.

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Traverse Legal Blog

NOVEMBER 25, 2024

2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. By understanding copyright law and taking precautions, you can minimize the risk of accidental infringement.

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TorrentFreak

APRIL 2, 2025

Yet life could still be a lot worse, oddly enough by restrictions on advertising designed to hurt certain platforms while ensuring people are unable to profit from them. On March 25, the State Duma adopted amendments to federal laws “On Combating Extremist Activity” and “On Advertising.”

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The IPKat

MARCH 25, 2025

The IPKat has received and is pleased to host the review of The Handbook of Fashion Law (eds. Heres what Spyros writes: The cover image portrays a photograph of Signor Valentino himself, in his atelier in the 1960s Fashion law has now been fully established as a field of study, research, and practice worldwide.

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TorrentFreak

JANUARY 29, 2025

The bill would amend existing copyright law to focus specifically on ‘foreign websites’ that are ‘primarily designed’ for copyright infringement. While site blocking is claimed to exist in more than 60 countries, DNS resolvers are typically not included in site blocking laws and regulations.

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IP and Legal Filings

DECEMBER 3, 2024

Country Designations- Desires may be expressed by applicants as named member countries for which they seek trademark protection as ‘designated countries.’ Flexible Further Extension By filing later a subsequent designation, businesses may extend their trademark protection to other member countries at a later stage.

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IP and Legal Filings

JANUARY 27, 2025

For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement. Transparent AI Design: Developers should aim for transparency when designing AI systems.

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TorrentFreak

NOVEMBER 8, 2024

The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law. Nintendo seeks $2,500 for each instance of trafficking.

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Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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The IPKat

DECEMBER 19, 2024

After many years of controversy, the Council of State ultimately decided that growers of the 'Kalamata' variety can continue to use the name, even if the production took place outside the area protected by the Protected Designation of Origin (PDO) of the same name.

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Erik K Pelton

FEBRUARY 6, 2025

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. For more information about Erik M Pelton & Associates and its innovative approach to trademark law, visit www.erikpelton.com.

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