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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.
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.
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.
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.
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.
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.
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.”
In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.
Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?
Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” But, as popular as the app is, it has also been highly divisive with many fashion designers accusing it of selling inferior rip-offs of their work.
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.
Enrico Schaefer, Copyright & Litigation Attorney. Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. Infringement can be willful or accidental.
Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.
Design Patent No. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S.
Understanding Mask Work 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. In particular, Section 1213.2
In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading
Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete. The deciding factors for awarding an ‘accounting for profits’ are as follows: Whether there has been undue delay in commencing or prosecuting the litigation. Videotron did not renew its license which expired in 2016.
Over the past decade, Brazil has seen an increase in patent litigation, as the local economy grows and stabilizes. Although the case involves industrial design, the court’s opinion contains non-precedential statements that are applicable to patent cases.
The court doesn’t buy it: “even though Plaintiff’s counsel took a maximalist approach to this litigation, their efforts led to what can only be described as a suboptimal, and yet predictable, result.” However we get there, the overall litigation enterprise here makes no economic sense. Kalita Mukul Creative Inc.
Next up today, Andy Maxwell at Torrentfreak writes that a group of movie studios have won a key victory in their ongoing litigation against the pirate site PrimeWire with a court ordering that the site’s domains be seized. Neither Dan + Shay or Justin Bieber had any comment on the lawsuit.
Michael Christin, another trial attorney at the DoJ, went into great detail on the Jetflix case, discussing various challenges his team faced while litigating the case. ” Marissa Bostick, Head of Global Litigation at the Motion Picture Association (MPA) , also sees a combination of increased professionalism and brazenness.
GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious. Patent D855,508 covers a “vehicle front skid bar.”
Intended to offer a thorough introduction to European IP law, the course will be covering key topics like: EU and international legal framework Trade marks and designs, including the EU design reform Geographical indications, including for handicraft products Copyright and the digital age Patent law, SPCs, the Unified Patent Court and patent litigation (..)
In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers attention is increasingly divided, legal disputes are increasingly common. By: ArentFox Schiff
The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless.
This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. by BOE Technology. This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. by BOE Technology.
design patents are now being taken more seriously. Once an afterthought for IP rights filers, U.S. Several businesses that are based outside of the U.S. increased Continue reading
All three cases are part of consolidated multi-district litigation in the Northern District of West Virginia. This latest ruling stands in contrast to the court's January 2025 decisions upholding preliminary injunctions against Samsung Bioepis and Formycon, effectively blocking their biosimilar launches. Each appeal involves the same U.S.
With its intuitive design, InnovationQ simplifies data analysis, enabling users to review search results and document previews side-by-side, accelerating decision-making in competitive research and defensive publishing.
The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences.
Do you need a utility patent or design patent? Utiliy patents protect functional features whereas design patents protect ornamental features. What are the wrong design patents for Amazon sellers? Design patents are great if used properly. Design patents are great if used properly.
An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Has the Chinese Patent linkage framework worked as designed? Wenzhou Haihe Pharmaceutical Co.,
states, including Texas, is no stranger to litigation in the Lone Star state. . § 1404(a), which allows for the transfer of cases for the convenience of the parties and in the interest of justice. Microsoft, a multinational corporation with a significant presence in many U.S.
A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). Marcel Pemsel looked into a recent decision of the German Supreme Court concerning copyright protection for two Birkenstock sandal designs. The survey closes on 1 April 2025.
Unitary character of EUTMs and designs The notion of unitary right (or “unitary character”) comes from EU trade mark (EUTM) and design law. 1(3) Design Regulation. The unitary character of EUTMs and designs is embodied at the levels of both protection and enforcement. 80-81 Design Regulation. Following Art.
Excluding volume patent litigation filers, typically non-practicing entities (NPEs) Continue reading From 2013 to 2017 patent suits filed dropped by 35% and stayed that way through 2022.
(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?
Whether by pure coincidence or meticulous design, each type of offending alleged in the complaint relates to fairly common individual acts that, in isolation, millions of gamers will be familiar with already. Upon commencement of a litigation, litigants have a duty to preserve evidence relevant to the case,” the email reads.
However, that prompted the Public Citizen Litigation Group to step in. In addition to those issues, NetEase also claims that Tencent ripped off their app and interface designs. The Watch Tower filed a lawsuit against him in 2018 and has attempted to use DMCA subpoenas to unveil his identity.
According to Anderson, she trained Roup in the techniques and Roup has gone on to offer her own services, leading to a lawsuit over alleged copyright infringement, false designation of origin, breach of contract and unfair competition claims. 2: No, Minors Can’t Just “Opt Out” of Destiny 2’s Anti-Cheating Provisions.
For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.
They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. By: Wolf, Greenfield & Sacks, P.C.
The rules establish procedures for designating service agents for receiving notices of initiated proceedings at the CCB, as well as opt-out procedures for libraries, archives and any claimants who are notified of class action litigation filed in U.S. district court covering their own copyright claim.
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