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Jack Daniel’s Continues, with Trademark Dilution as the New Battleground

IP Watchdog

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.

Trademark 124
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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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2024 Design Patents Year in Review: Analysis & Trends: Design Patents Year in Review - Federal Circuit Appeals: A Very Big Decision in an Otherwise Quiet Year

JD Supra Law

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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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)

Intellectual Property Law Blog

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. when the mask work is involved in litigation.

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A Teapot Steeped with Dicta: An Update on In re Maatita and Design Definiteness

IP Watchdog

The flexible approach of In re Maatita to definiteness embodies the idea that designs can be depicted in a variety of ways while still being reasonably understood by the ordinary observer.

Designs 52
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Trademark on Product Design: Are these biscuit sticks functional

Patently-O

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.

Designs 133
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Functional designs in EU law post-Doceram: harmonisation still missing

The IPKat

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

Designs 128