News & Analysis as of

Declaratory Judgments Functionality

Holland & Knight LLP

Aesthetic Appeal of a Patent's Claimed Design Is Inadequate to Render It Functional

Holland & Knight LLP on

• In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

Genova Burns LLC

Bakery's Apple Pie Design is Functional and Inelgible for Trademark Protection, Third Circuit Affirms

Genova Burns LLC on

The Third Circuit Court of Appeals affirmed a district court’s determination that the key element of a gourmet bakery’s registered pastry design was functional, and therefore ineligible for trademark protection, in Sweet...more

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