On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more
12/6/2018
/ Abstract Ideas ,
Affirmative Defenses ,
CLS Bank v Alice Corp ,
Fashion Design ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Nike ,
Nonobvious ,
Novelty ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Puma ,
Section 101 ,
Utility Patents
In 2017, New Jersey based biotech startup Modern Meadow launched Zoa, which it considers “[t]he world’s first bioleather materials brand.” Zoa, a name derived from the Greek term for life, zoi, features products created with...more
Edited by Catherine Holland What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry since design...more
It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry...
..Design patents should always be considered for timeless and iconic pieces or...more
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more
2/11/2017
/ Appeals ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Damages ,
Design Patent ,
Fashion Industry ,
Patent Infringement ,
Patents ,
SCOTUS ,
Smartphones
Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more
10/21/2015
/ Advertising ,
Celebrity Endorsements ,
Copyright ,
Copyright Infringement ,
Facebook ,
Fair Use ,
Intellectual Property Protection ,
Name and Likeness ,
Patents ,
Personal Brands ,
Right of Publicity ,
Social Media ,
Social Media Policy ,
Terms of Use ,
Trade Secrets ,
Trademarks ,
Twitter
CUBA -
Six months have passed since President Obama and Cuban President Raul Castro made the historic decision to reestablish diplomatic relations between the U.S. and Cuba. Although Congress has not yet voted to lift...more
6/20/2015
/ Cuba ,
Design Patent ,
Embargo ,
First-to-File ,
France ,
Intellectual Property Protection ,
International Trademark Protection ,
Patents ,
Trademark Application ,
Trademark Registration ,
Trademarks