News & Analysis as of

Industrial Design

4 Key Takeaways: The Hague Agreement & Design Filings – Things You Need to Know & Do

Kilpatrick Townsend partner Babak Kusha, along with a panel of other thought leaders, recently presented a Knowledge Group webinar on the topic of “The Hague Agreement and Design Filings.” The Hague Agreement is an...more

BIM before the English Courts

by White & Case LLP on

In a judgment released in August 2017, the UK High Court granted an interim injunction requiring a Building Information Modelling ("BIM") coordinator to provide access to a common data environment....more

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

by Smart & Biggar on

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit...more

The Relevance of Alternative Designs 16 Years After TrafFix

by WilmerHale on

In 2001, the Supreme Court in TrafFix Devices, Inc. v. Marketing Displays, Inc. refined its test for determining whether a product design is functional—and thus ineligible for trade dress protection. 532 U.S. 23, 58...more

Government of Canada releases long-awaited proposed amendments to the Trademarks Regulations and Industrial Design Regulations

by DLA Piper on

On June 19, 2017, the Canadian government released proposed amendments to the Trademarks Regulations and Industrial Design Regulations. The proposed amendments to the Trademarks Regulations are intended to complement the...more

Canada’s New Draft Trademark and Industrial Design Regulations

by Smart & Biggar on

As previously reported, Canada’s trademark law will be significantly overhauled. The most recent forecast from the Canadian Intellectual Property Office (CIPO) suggests that the new law will come into force by early 2019....more

What De Blasio’s Land Use Agenda Means for Brooklyn Real Estate Development

by Cozen O'Connor on

Even with all the development of the last 20 years, Brooklyn, the most populous of New York City’s five boroughs, now approaching 2.7 million residents, continues to attract strong interest from developers, each scouring the...more

Intellectual Property and E-commerce Shops

by Revision Legal on

If you’re the owner of an e-commerce shop, you deal with intellectual property everyday. Intellectual property refers to the creations of the human mind. This includes symbols, images, names, inventions, and literary and...more

Prepare for Canada Day by Reviewing Your Pending Industrial Design Applications

by Smart & Biggar on

July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more

Proposed tax changes in Australia a win for IP owners

by DLA Piper on

On 30 March 2017, the Federal Government released the Treasury Laws Amendment (2017 Enterprise Incentives No 1) Bill 2017. The Bill contains a number of significant changes to the tax depreciation of intangible assets....more

Canadian Playground Fight Highlights the Importance of Industrial Design Protection

by Bennett Jones LLP on

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

Colourful designs and a streamlined practice get the green light in Canada

by Smart & Biggar on

Yesterday, the Canadian Industrial Design Office announced changes that significantly modernize and streamline six of its office practices, substantially benefitting applicants seeking protection for their designs in Canada....more

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

by McCarter & English, LLP on

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

Case 168/09 Flos Spa V Semeraro Casa E Famiglia Spa

by Ladas & Parry LLP on

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and...more

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

“Wow Moments” and Industrial Design Infringement

by Field Law on

An inventor had a “wow” moment when he came across a design improvement for cold-weather visors – something suitable for the snowmobile helmet market. The helmet maker brought the improved helmet to market and also pursued...more

The Upcoming Implementation of the Italian Patent Box Regime

by McDermott Will & Emery on

Several press articles in recent weeks have anticipated the upcoming enactment of the Ministerial Decree which will eventually implement the Italian Patent Box regime. The Ministry of Economics and Finance announced on 29...more

Can You File an RCE in That U.S. National Stage Application?

by Foley & Lardner LLP on

Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a...more

Selling Products Outside the US? If Yes, New Patent Laws are Available to Streamline International Design Protection

by Womble Bond Dickinson on

In recognition of ever growing cross-border sales, the U.S. recently expanded its design protection laws to make it easier to file a single application in multiple jurisdictions. Read on if you deal with products that could...more

Designer Depositions in Taiwan

by Planet Depos, LLC on

In a recent article published in the Hemisphere Magazine, Taipei was dubbed “The Next Great Design Center.” What was once seen as shoddy workmanship, “Made In Taiwan” is now worn as a badge of honor. Taipei was recently...more

What, exactly, does industrial design protect?

by Field Law on

What, exactly, does industrial design protect? The recent decision Zero Spill Systems Inc. v. Heide, 2015 FCA 115, reviewed this question. In the trial level decision, Zero Spill sued a competitor for infringement of Canadian...more

Apple Watch Design Patent

by Field Law on

As we reviewed in our previous post - Industrial Design as a Competitive Tool - the value of strategic industrial design protection (also called a “design patent” in the US) should not be underestimated. The USPTO...more

Hague to Break It to You: International Design Applications Are Not a Silver Bullet for Multijurisdictional Protection

by Hodgson Russ LLP on

As of May 13, 2015, the Hague Agreement is fully implemented in the United States. There has been a significant amount of excitement regarding the U.S. accession to the Hague Agreement, which includes an extension of U.S....more

Beware Change to RCE Practice Hidden in USPTO’s Final Rules for Hague Agreement Implementation

by WilmerHale on

Summary: Effective May 13, 2015, a US national stage application for which an inventor’s oath or declaration (or substitute statement, as applicable) has not been filed is not eligible for an RCE filing. On April 2,...more

Opportunity for Importers of Designer Merchandise to Reduce Duty Exposure

by Kelley Drye & Warren LLP on

We have recently received a positive ruling from U.S. Customs and Border Protection (“Customs”) in response to a protest filed on behalf of one of our clients which is a U.S. subsidiary of a European parent company and...more

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