News & Analysis as of

Design Patent Copyright Intellectual Property Protection

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

AEON Law

Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

AEON Law on

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June...more

Bradley Arant Boult Cummings LLP

Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more

A&O Shearman

Infringing gin part II: Court of Appeal victory for M&S against Aldi’s copycat design

A&O Shearman on

Designers and brand owners will be comforted by Marks & Spencer’s Court of Appeal victory. It reinforces the importance of registering designs to protect against copycat products and, as the first Court of Appeal decision...more

Bradley Arant Boult Cummings LLP

Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Linda Liu & Partners

Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

Linda Liu & Partners on

GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Topics in 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences,...more

Linda Liu & Partners

Administrative Investigation of 4 Infringing Bases simultaneously with High Fines | “UFO CATCHER” Trademark Infringement Dispute...

Linda Liu & Partners on

Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case....more

Bodman

New Patent Office Guidance Clarifies Application Requirements for Design Patent Protection of Computer-Generated Images, Icons and...

Bodman on

The U.S. Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces. ...more

Troutman Pepper

IP Protection for Featured Characters in Digital and Physical Media

Troutman Pepper on

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

Vondran Legal

Don’t Forget to Protect Your Product Packaging and Product Designs With IP

Vondran Legal on

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This...more

Foley & Lardner LLP

IP Considerations in Protecting Autonomous Vehicle Software with Patents and Copyrights

Foley & Lardner LLP on

As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology...more

Hogan Lovells

‘Bottled it’: Aldi light-up gin bottle design infringes Marks & Spencer’s UK registered design

Hogan Lovells on

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. The court was not swayed by Aldi’s argument that a number of the features of the bottle, such as the light in the base of the...more

Venable LLP

Event in Review: IP and Brand Protection in the Metaverse

Venable LLP on

In a recent event hosted by Lexology, Venable partners Justin Pierce, Calvin Nelson, and Marci Ballard discussed how various entities are seeking to prepare for a future of immersive, interactive, and engaging metaverse...more

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

Pierce Atwood LLP on

There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Linda Liu & Partners

Copyright protection on trademark in trademark right affirmation cases (I)

Linda Liu & Partners on

As the most important intangible asset in business activities, a trademark with a novel, aesthetic, easy-to-remember and catchy design is often a powerful tool for business to open the market, maintain competitiveness and...more

Foley & Lardner LLP

How Intellectual Property Fits in Cloud Computing and SaaS Business Models

Foley & Lardner LLP on

Various types of intellectual property (IP) can provide companies protection of innovations and maintain or expand competitive advantages. For companies that operate using Software-as-a-Service (SaaS) technologies and/or...more

Quarles & Brady LLP

Protecting the Product™: Typefaces and Fonts

Quarles & Brady LLP on

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. Those who develop or...more

Fox Rothschild LLP

Intellectual Property Tools for Protecting Fashion Goods

Fox Rothschild LLP on

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Below are three possible situations in which you can use intellectual...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

Knobbe Martens on

It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

Awatif Mohammad Shoqi Advocates & Legal...

Patent Rights in the UAE – An Overview

Intellectual property rights are protected in the UAE through a set of federal laws. While intellectual property consists of a broad-spectrum of rights, including trademarks, copyright, patents, designs, geographical...more

Quarles & Brady LLP

Protecting Product and Packaging Designs in China Part I – Trademarks

Quarles & Brady LLP on

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. consumers and practitioners as “trade dress.” This four-part miniseries of posts provides a...more

Dorsey & Whitney LLP

Intellectual Infrastructure: IP 101 for Construction and Design Professionals

Dorsey & Whitney LLP on

From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”)...more

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