JD Supra Law

JANUARY 27, 2023

The battle over whether a luxury fashion brand’s stripe designs infringes adidas’ signature “Three Stripe” trademarks ended on January 12. On that day, a jury found that designer Thom Browne, Inc., known for its natty tailoring and designs, was not liable to the activewear giant for trademark infringement.

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Designs Design Trademark 96

JD Supra Law

MARCH 7, 2024

Department of Defense (DOD) is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide coverage for trademarks and similar designations. By: Wiley Rein LLP

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Designs Design Trademark Ownership 63

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 ruling addressed VIP’s defenses to trademark infringement and trademark dilution. But the story does not end there.

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Trademark Litigation IP Design 124

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

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Designs Design Branding Branding 52

The TTABlog

OCTOBER 31, 2024

The question was whether consumers would view the design as mere ornamentation on the goods or as a source indicator for the goods. In such a case, the Board has found it "helpful to consider various aspects of designs and shapes," including "the size, location and dominance of the designs."

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Designs Design Trademark Registration 62

Patent Trademark Blog

NOVEMBER 11, 2024

When is the design patent foreign filing deadline? The design patent foreign filing deadline is 6 months from your earliest design application. Generally, a US applicant will have 6 months from the US design patent application to file any foreign design patent applications. What is a priority claim?

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Design Patent Designs Design Patent Application 52

IP Watchdog

NOVEMBER 17, 2024

Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. On November 5, 2024, I received an official copy of U.S. I received a Notice of Allowance for my U.S.

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Design Patent Designs Design Patent 52

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 102

Greenspoon Marder LLP

DECEMBER 15, 2023

Licensing out a trademark for third-party use is a common practice amongst trademark owners. Second, licensing can lead to substantial growth for a reduced price as the licensee bears some of, if not […] The post Maintaining Control – Avoiding a Naked Trademark License Designation appeared first on Greenspoon Marder LLP.

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Licensing Designs Design Trademark 59

IP Law 360

NOVEMBER 12, 2024

A California federal judge has ruled that a group of independent designers can pursue racketeering claims against Shein Distribution Corp. and other defendants in a lawsuit where the plaintiffs accuse the online retailer of copyright and trademark infringement for allegedly copying and selling the designers' works.

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Designs Design Copying IP 52

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Designs Design Art Trademark Law 90

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

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Design Patent Publishing Designs Design 122

JD Supra Law

DECEMBER 4, 2023

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries.

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Designs Design Trademark 68

Patent Trademark Blog

SEPTEMBER 11, 2024

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Why does it matter that design patent applications are not published? Why does that matter?

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Design Patent Patent Application Publishing Designs 52

IP and Legal Filings

NOVEMBER 7, 2024

In today’s world, the term “trademark” pops out in discussions pertaining to business and brand. But what, exactly, is a trademark and why does it matter? Below is a simple guide to India’s trademark system. What is a Trademark? That’s a trademark. Why Trademark is Important?

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Trademark Registration Branding Branding 85

Erik K Pelton

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Patience is a virtue.

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Registration Trademark Branding Branding 130

JD Supra Law

JUNE 20, 2024

Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications.

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Design Patent Designs Design Patent 66

JD Supra Law

OCTOBER 2, 2023

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Design Patent Designs Design Branding 73

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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Designs Design Registration Law 86

Erik K Pelton

NOVEMBER 27, 2023

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ For Part 1, see here. For Part 1, see here.

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Trademark Registration Designs Design 130

JD Supra Law

AUGUST 19, 2024

Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic Ciambrone who is known as the “Shoe Surgeon”. By: Kohrman Jackson & Krantz LLP

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Trademark Designs Design 71

Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. This transience raises even larger questions about whether such designs qualify.

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Design Patent Designs Design Patent 59

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

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Designs Design Registration Trademark 59

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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Copying Design Designs Public Domain 63

Likelihood of Confusion

FEBRUARY 12, 2023

In February, 2011 I wrote about Trademark™, a design studio with the domain name www.trademark-trademark.com. The post Trademark, trademark, trademark! I was looking to refer back to that post because I wanted to link to it, as. appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Design Designs 98

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

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Publishing Designs Design Patent 109

43(B)log

JULY 3, 2024

The solicitations included original clothing designs, lookbooks, and other promotional material meant to highlight the designer’s international acclaim in the fashion industry. Ultimately, the fashion conglomerate did not make time to meet with the designer or decide to work with her. any and all designers and stylists.”

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Designs Design Copyright Infringement Marketing 64

JD Supra Law

JULY 2, 2024

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others. By: ArentFox Schiff

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Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Gucci currently has 29 registered trademarks in the EUIPO alone.

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Trademark Branding Brands Branding 98

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

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Design Patent Designs Design Patent 98

JD Supra Law

NOVEMBER 8, 2024

Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors. By: Amundsen Davis LLC

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Business Trademark Registration Branding 61

IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

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Trademark Registration Branding Branding 94

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

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Registration Designs Design Journalism 98

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

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Design Patent Designs Design Patent 112

The TTABlog

NOVEMBER 20, 2024

The Board upheld a refusal to register the proposed mark shown below for "first aid kits" [SURVIVAL disclaimed] on the ground that the supposed mark "would be perceived as merely informational matter and thus fails to function as a trademark" for the identified goods. In re Tyrrells Administration Pty Ltd , Serial No.

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Trademark Designs Design Registration 48

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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Branding Branding Brands Trademark 94

Patent Trademark Blog

SEPTEMBER 17, 2024

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? How long after selling a product can you still file a design patent? Need to file a design patent application promptly? There might be good news depending on your situation.

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Design Patent Designs Design Patent Application 52