Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 72

Design Patent Patent Infringement Design Designs 72

SpicyIP

FEBRUARY 17, 2025

Relies too heavily on similar functionality of headnotes to improve search tools, ignoring that such functional aspects fall outside copyright’s scope and within patent law’s domain; 2. This analysis: 1. Ignores its own recognition that headnotes, like computer software, served both aesthetic and functional purposes; 3.

Copying 68

Copying Fair Use Copyright Copyright Law 68

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

Intellectual Property 75

Intellectual Property Designs Design Intellectual Property Law 75

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

IP 52

IP Design Designs Artistic Work 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

Design Patent 57

Design Patent Design Designs Patent 57

SpicyIP

DECEMBER 2, 2024

Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). In this post by Kartikeya S., he discusses the key points from the treaty. Singh, and Senior Advocates, Mr. C.S. Read more for the details.

Invention 52

Invention Trademark Reporting Editing 52

LexBlog IP

SEPTEMBER 6, 2023

Upcoming Changes in Korean Patent Law for 2024 by John DeStefano Understanding the 2024 Korean Patent Law Amendments As champions of innovation and protectors of intellectual property, it is vital for us to stay informed about the most recent developments in patent law worldwide.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

SpicyIP

FEBRUARY 23, 2023

Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity. Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India.

Marketing 125

Marketing Marketing Invention Patent 125

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

Design Patent 52

Design Patent Design Designs Patent 52

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S Designs or patterns that are created to stitch or print into textiles are protected with the help of design acts in several countries.

Design 97

Design Designs Artistic Work Technology 97

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. The basic idea here is that an obvious valuable invention would already be in the market place. Market Share vs Sales Numbers : The Board also held that market share evidence (rather than merely sales numbers) is required for a showing of commercial success.

Invention 126

Invention Art Marketing Marketing 126

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. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

IP and Legal Filings

JULY 9, 2024

Descriptive marks may sometimes be protected, in case they have become distinctive as a result of repeated use and being recognized in the market by consumers. First of all, these visual marks must be distinctive: they must be easily recognizable by consumers, and must not be confused with any other marks on the market.

Trademark 98

Trademark Registration Branding Brands 98

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The search for EUTM case law before EU Courts from the previous year was based on decisions included in the eSearch Case Law database.

Blogging 127

Blogging IP Non-Fungible Tokens Cease and Desist 127

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 133

IP Branding Brands Branding 133

The IPKat

AUGUST 14, 2023

In his view, the way that the TRIPS Agreement is structured including the practical implementation and interpretation of its provisions severely constrict the policy space available to developing countries to design their IP policy in a manner that addresses and suits their needs.

IP 95

IP Designs Design Patent 95

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. 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.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. We have the ANDA filing, but there are always substantial design choices before final release. Eagle Pharm.,

Branding 87

Branding Branding Brands Marketing 87

Patently-O

FEBRUARY 13, 2024

.” But, Sonos’ prosecution approach in the case is a widespread practice in the field and so the case raises significant questions about both patent enforcement strategies and equitable loss of rights based upon “late claiming” where claims are amended in response to market conditions. Kingsdown Med.

Patent 98

Patent Patent Prosecution Patent Law Marketing 98

IP and Legal Filings

JUNE 12, 2023

Although word marks are by far the most popular tool employed by organisations in this industry, there are numerous other unused tools that can give a competitive edge in the market. Patents Utility patents are one class of patents that are relevant to the food sector.

IP 98

IP Intellectual Property Trademark Designs 98

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

Patent 52

Patent Invention Patent Law Design 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

AUGUST 19, 2021

The Report accordingly recommends amending Indian patent law, to make AI-generated works and AI solutions patentable. Trade marks Lindt’s bunnies are once again in the heart of trade mark case law [earlier instances were reported here and here by The IPKat]. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 64

Blogging IP Privacy Reporting 64

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Design 52

Design Designs Trademark Copyright 52

The IPKat

OCTOBER 9, 2023

000018762 covering ‘land, air and water vehicles and parts thereof (not included in other classes), including engines for vehicles’ in class 12 protecting the following sign: The defendant is a natural person, who sold between 1986 and 2017 radiator grilles customised and designed for old Audi models from the 1980s and 1990s.

Art 131

Art Trademark Design Designs 131

The IPKat

JANUARY 17, 2023

Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome.

Intellectual Property 78

Intellectual Property Editing IP Publishing 78

Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

Inventor 75

Inventor Marketing Marketing Patent 75

SpicyIP

OCTOBER 7, 2023

This sets SEP litigations apart from other patent litigations wherein the patentee could be more interested in securing an injunction and keeping the monopoly for itself or for its chosen licensees. The ‘patents are an incentive to innovate’ paradigm often makes us forget that patents have an important socio-development function as well.

Licensing 105

Licensing Technology Litigation Patent 105

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims. Karan Johar v.

Trademark 58

Trademark Patent Copyright Patent Application 58

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

Law 52

Law Patent Settlement Inventor 52

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

The IPKat

SEPTEMBER 28, 2021

To improve a high-quality, enterprise-led and market-oriented creation mechanism. Construct an intellectual property market operating mechanism that encourages innovation and development. the number of high-value invention patents per 10,000 population) will be presented clearly and fulfilled timely. Images generated by Tian.

Intellectual Property 78

Intellectual Property Invention Government Patent 78

The IPKat

NOVEMBER 29, 2021

Economics approach to patent law is then discussed in Chapter 27, by Bruno van Pottelsberghe de la Potterie. After introducing the areas, where the economics of patents is especially relevant (among them, the design of patent systems or the patent examination process), the author provides readers with a through literature review.

Intellectual Property 75

Intellectual Property IP Moral Rights Law 75

The IPKat

FEBRUARY 8, 2023

An example of a Happy Meal box Thoughts Patent law is ruled out from the analysis. No patent seems to concern this box. In terms of design law, it does not appear that McDonald's has chosen to protect the aesthetic appearance of the Happy Meal. Perhaps, McDonald’s should not have disregarded design law.

Design 64

Design Designs Law Copyright 64

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

Patent 52

Patent Licensing Intellectual Property Technology 52

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. Would a design patent be worth your money and time?

Design Patent 52

Design Patent Patent Patent Application Designs 52