News & Analysis as of September 21, 2024

Dismissals › Functionality

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The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed

Keep on Truckin’: Aesthetic Functionality Has No Part in Design Patent Validity

McDermott Will & Emery on 9/12/2019

Addressing the issue of the functional requirements of design patents, the US Court of Appeals for the Federal Circuit refused to invalidate design patents on truck parts on the basis of aesthetic functionality. Automotive...more

Canadian Playground Fight Highlights the Importance of Industrial Design Protection

Bennett Jones LLP on 2/2/2017

A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements....more

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Dismissals › Functionality

Keep on Truckin’: Aesthetic Functionality Has No Part in Design Patent Validity

Canadian Playground Fight Highlights the Importance of Industrial Design Protection

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