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Design Patent

IP Protection in the Fashion and Apparel Industry (Part 2)

by Field Law on

As noted in Part 1, IP rights in the fashion and apparel industry are fiercely contested. Fashion products can be protected in Canada using a number of different IP tools, including: - confidential information -...more

District Court Rejects Efforts To Invalidate Design Patents on Automobile Parts

by Foley & Lardner LLP on

In a case affecting aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate or render unenforceable two of Ford’s design...more

Enforcing IP Rights in the Chinese E-Commerce Marketplace

In the last few years, China has become the world’s the largest e-commerce marketplace. On November 11, 2017 alone — a shopping holiday known as “single day” created by Chinese e-commerce giant Alibaba — Alibaba subsidiary...more

Recent Developments Determining Design Patent Damages

by JD Supra Perspectives on

Design patents have been a hot topic in the IP field because statutory law says that infringers must pay the total profits on an article of manufacture that infringes a protected design. The profit disgorgement and...more

Design Patent pto litigation statistics (through JANUARY 15, 2018)

The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. No new design patent petitions have been filed since April 2017, and only one Board...more

The PTAB Chats Designs: And Now, for Something Completely Different

by Jones Day on

On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more

The Hague System for the Registration of International Design Rights Welcomes Russia

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 Goods on IP - January 2018

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

Protecting Your Company's Innovations

In 2017, over 600,000 patent applications were filed with the U.S. Patent Office, the most in its history. Clearly, a business plan for intellectual property may provide substantial value to your company, or you may be...more

IP Newsletter- French language / Français

by Hogan Lovells on

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018...more

IPunkt - January 2018

by Hogan Lovells on

Kurze Einleitung - Liebe Leserin, lieber Leser, das vergangene Jahr war turbulent: der Amtsantritt Donald Trumps, der Höhenflug des Bitcoin, die Bundestagswahl und vieles mehr beschäftigten - und überraschten - uns....more

Design Patent Damages — Four New Factors for Making the Determination

The Northern District of California has asked the parties in the everlasting Apple v. Samsung Electronics design patent litigation (No. 11-01846) to consider four new factors in arguing whether Apple’s approximately $400...more

IP Protection in the Fashion and Apparel Industry (Part 1)

by Field Law on

Complex technology like blockchain is in fashion. What about IP protection for seemingly simple items like shirts, shoes and undergarments? As competitors jostle for position in the fashion and apparel marketplace, how do...more

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

by Dorsey & Whitney LLP on

The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Design Patents Continue to Show Survival Strength at the PTAB: Institution Rates Remain Lowest Among All Technology Categories...

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

PTAB Strategies and Insights - January 2018

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

Patent Strategies for Cryptocurrencies and Blockchain Technology

Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more

Patented Halloween, Thanksgiving and Christmas Inventions

by Womble Bond Dickinson on

Part of the enjoyment of Halloween and Christmas is seeing the clever decorations and novelties people come up with for these two celebrations. But did you know, some of these are patented inventions? With (belated) Season’s...more

Top 5 Design Offices Meet in Alicante to Discuss Protection of Emerging Designs

On December 4 and 5, 2017, the members of the Industrial Design 5 (ID5) met at the EUIPO offices in Alicante, Spain for the 3rd ID5 Annual Meeting. The ID5 is an Industrial design framework comprised of the European Union...more

Lessons in Trademarking Trade Dress: Apple vs. Samsung

by Revision Legal on

The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work...more

Ordinary Observer and Informed User Walk Into a Bar: A Transatlantic Conversation About Design Infringement

FADE IN - BRISK FALL DAY—MIDDAY - In a small local pub somewhere in the middle of the Atlantic Ocean, perhaps Bermuda, the Azores or Ascension Island … Olivia Owens: Iris, great to see you again! How’s it going in...more

Trends In Automotive Technology: 2017 and the Road Ahead

by WilmerHale on

This has been a year in which automotive technology and the legal issues surrounding it have come increasingly to the forefront, both in legal circles and public perception. Given the many new entrants in the autonomous...more

All That Glitters is Not One to Mold

by Winthrop & Weinstine, P.A. on

To me, one of the most exciting aspects of intellectual property law is when patent law and trademark law intersect in product or packaging design. Last week, I had the honor of speaking to a graduate product design class at...more

Addressing intellectual property requires careful estate planning

Intellectual property (IP), such as copyrights and patents, can hold enormous value. Whether IP rights are a significant source of wealth or only a small fraction of an estate, it’s critical that it be properly addressed in...more

"Types" of Protection for Font and Typeface Designs

As a counterpoint to our article last month regarding a copyright infringement and breach of contract lawsuit filed against Target over a computer font program, we provide a brief overview of the options for protecting the IP...more

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