News & Analysis as of

Design Patent Trademark Infringement

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

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

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

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Womble Bond Dickinson on

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Quarles & Brady LLP

Design Patents are Heating Up at the Federal Circuit, Again

Quarles & Brady LLP on

Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

Seyfarth Shaw LLP

My Word! Design Patents on a Typeface

Seyfarth Shaw LLP on

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the...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

McDermott Will & Emery

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more

Foley & Lardner LLP

Proposed Legislation Expands Border IP Protections

Foley & Lardner LLP on

A bipartisan group of senators introduced legislation to expand the mandate of the U.S. Customs and Border Patrol (CBP) to impound goods suspected to infringe U.S. design patent rights. Sens. Thom Tillis (R-NC), Chris Coons...more

Foley & Lardner LLP

Design Patents Protected at the Border – Proposed Legislation Authorizes U.S. Customs to Seize Goods Infringing Patented Designs

Foley & Lardner LLP on

Proposed bipartisan legislation would grant authority to the U.S. Customs and Border Patrol (CBP) to seize goods that infringe U.S. design patents, which protect the ornamental appearance of articles of manufacture. CBP...more

McDermott Will & Emery

Knock It Off, Knockoffs? Ninth Circuit Affirms Trade Dress Rights but Not Fame

Taking on issues of functionality and fame relating to trade dress rights, the US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s judgment after a jury trial on claims of...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

International Lawyers Network

Selling Your Products on US Online Marketplaces

Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a...more

Jaburg Wilk

Intellectual Property 101 for Business Owners

Jaburg Wilk on

Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more

Sunstein LLP

May 2019 IP Update: Amazon Enters the Fray of Intellectual Property Disputes

Sunstein LLP on

Amazon.com has become ubiquitous in online retail, dominating the e-commerce marketplace worldwide. For sellers, Amazon acts as a crucial means of reaching customers around the globe. For consumers, it has become an...more

Ladas & Parry LLP

European Council Meeting On 3/21/19 Delayed The Effective Date Of Brexit Until At Least April 12

Ladas & Parry LLP on

If the UK Parliament agrees by March 29 to the Withdrawal Agreement negotiated by the United Kingdom and the European Union last year as modified by the supplementary agreement of March 12 relating to the border between the...more

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

MarkIt to Market - January 2019: Korea Amends Various IP Rights Guidelines

The beginning of 2019 brought some notable amendments to Korea’s intellectual property rights guidelines. On the trademark side, effective January 1, 2019, Korea’s Trademark Examination Guidelines were amended to include...more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

Knobbe Martens on

Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

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

Global Patent Prosecution Newsletter - September 2018: Third Party Submissions in the U.S.: What You Need to Know

The America Invents Act provides an expanded process for a third party to submit prior art to the examiner concerning any U.S. patent application. The new process is aimed to encourage the public to submit relevant art as a...more

Hogan Lovells

Japan: Defendant shelved – IP High Court judgement finds for unfair competition

Hogan Lovells on

The Intellectual Property High Court (IPHC) rendered a judgement on 29 March 2018, granting a permanent injunction on the sale of shelving units marketed by the defendant....more

Kilpatrick

Enforcing IP Rights in the Chinese E-Commerce Marketplace

Kilpatrick on

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

Knobbe Martens

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

Knobbe Martens on

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more

Foley & Lardner LLP

Athletic Shoe Lawsuits are Off and Running

Foley & Lardner LLP on

Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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