The April 2018 issue of Sterne Kessler's MarkIt to Market® discusses the application of aesthetic functionality to design patents and lists the new gTLD Sunrise periods.
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The February 2018 issue of Sterne Kessler's MarkIt to Market® discusses changes to Canadian trademark law, Federal Trade Commission versus California state rules for the "Made in the USA" designator, and lists the new gTLD...more
January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more
The Hague System, the international registration system for industrial designs, grows as Russia becomes its newest member on February 28, 2018. Russia joins a long list of members, which already includes 67 countries and...more
The January 2018 issue of Sterne Kessler's The Goods on IP® discusses interesting patent marking considerations for consumer product companies, including a recent Federal Circuit case involving licensee marking. This issue...more
While petitioners are successful over 60% of the time in getting the PTAB to institute trial on patents in the biotech, chemical, electrical/computer, mechanical, and business method arts, that is not the case for design...more
The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more
1/18/2018
/ § 315(b) ,
Administrative Procedure Act ,
Appeals ,
Design Patent ,
Due Process ,
En Banc Review ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Notice Requirements ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Time-Barred Claims ,
USPTO
The December 2017 issue of Sterne Kessler's MarkIt to Market® discusses how ultra violet is the new black, a trademark practice update, and lists the new gTLD Sunrise periods.
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Proving that damages for design patent infringement can still be significant, Columbia Sportswear Co. was awarded more than $3 million last month by a California jury in a design patent infringement lawsuit against Seirus...more
The October 2017 issue of Sterne Kessler's MarkIt to Market® discusses trademark fails, proper use of licensed font programs, new DMCA regulations, and lists the new gTLD Sunrise periods.
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The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more
Sports bras and tires don’t seem to have much in common, but both embody visual designs fashioned to appeal to consumers and both have a particular form of intellectual property— design patents—tailored to protect their...more
Just when it seemed that we might have finally reached the end of the epic battle between Apple and Samsung in what was once called the “patent trial of the century,” the District Court for the Northern District of California...more
8/4/2017
/ 35 U.S.C. § 289 ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Damages ,
Design Patent ,
Disgorgement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand
The July 2017 issue of Sterne Kessler's The Goods on IP discusses thinking like an Examiner to move prosecution forward, the wide variety of consumer product companies using design patents to protect their valuable product...more
As of January 2017, the institution rate for Patent Trial and Appeal Board trials involving design patents was 37 percent. That is significantly lower than every other technology area and makes design patents the only...more
5/25/2017
/ Biotechnology ,
Design Patent ,
Obviousness ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Post-Grant Review ,
Prior Art ,
Priority Patent Claims ,
USPTO
In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more
5/23/2017
/ Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Consumer Product Companies ,
Damages ,
Design Patent ,
Disgorgement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Profits ,
Remand ,
SCOTUS ,
Smartphones
Intellectual property plays an important role in maintaining a competitive edge in rapidly evolving consumer product and consumer packaged goods markets. Consumers expect ongoing product improvements, and savvy companies...more
On October 11, the United States Supreme Court will hear oral arguments in Apple v. Samsung, the first case before the court in more than 125 years involving a claim for design patent infringement...more
The July 2016 issue of Sterne Kessler's Mark It to MarketTM newsletter discusses an upcoming SCOTUS design patent case, In One Nation Enterprises and stylization of a descriptive term, and currently open gTLD Sunrise...more
The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes...more
Brexit - What You Need to Know Today -
1. No immediate change: The UK's vote last week to leave the EU after 43 years marks the beginning of a legal procedure whereby the UK may start the formal process of withdrawing...more
6/27/2016
/ Community Designs ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
Referendum Votes ,
Referendums ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit
The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods.
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The April 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses (1) the evolving nature of the USPTO's U.S. Acceptable Identification of Goods and Services Manual, and how to use this document to craft better...more
The March issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use requirements of which trademark owners should be aware before undertaking a foreign filing program, and currently open gTLD sunrise...more
The February issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the trademark implications of so-called "zombie" brands, examines Reddit reactions to the Fine Brothers' attempts to register and monetize the...more