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Ornamental Design Intellectual Property Protection

Morrison & Foerster LLP

Birdies Moves for Summary Judgment, but the Shoe Does Not Fit

In a dispute between San Francisco-based shoe companies, Rothy’s sued Birdies for infringing design patents claiming the ornamental design for a shoe or a portion of a shoe. Birdies moved for early summary judgment on both...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Akerman LLP - Marks, Works & Secrets

Proud to Be an American God Bless The USA, But Not Functioning as A Trademark

In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to register the trademark GOD BLESS THE USA for home decor items on the ground...more

Jones Day

Balance is Key in Design Patent Claim Drafting

Jones Day on

The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC. ...more

Kilpatrick

[Event] Part 1: Design Rights Protection for Retailers and Consumer Product Companies - January 23rd, San Francisco, CA

Kilpatrick on

Please join Partner Babak Kusha along with client panelists Shannon King of Williams-Sonoma, Collette Parris of S'well, and Danielle Warner of FIGS as they discuss design patents, the often-overlooked patent right that covers...more

Fenwick & West LLP

New Federal Circuit Guidance on Design Patents: Key Takeaways for Companies Seeking Protection

Fenwick & West LLP on

With few substantive decisions addressing design patents, it’s always exciting to see new guidance from the U.S. Court of Appeals for the Federal Circuit on how these valuable IP assets are prosecuted and enforced. In two...more

International Lawyers Network

Can Design Patents Be Limiting in Enforcement?

Suppose that you have an invention disclosure for a design of an article that you want to protect?  When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such...more

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