Oblon - Protecting Designs Blog
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An Oblon blog on protecting and enforcing industrial design rights.
Oblon - Protecting Designs Blog
2y ago
USPTO Design Day 2021 will be held virtually from 1 pm to 4 pm EDT on April 22, 2021. Following the program, there will be a networking opportunity from 4:15 pm to 4:45 pm EDT. After having Design Day canceled last year, we are looking forward to its return.
Registration links:
Design Day 2021 – https://www.eventbrite.com/e/design-day-2021-tickets-144708808943
Networking - https://www.eventbrite.com/e/networking-event-design-day-2021-tickets-148943709645 ..read more
Oblon - Protecting Designs Blog
2y ago
Design patents cover the ornamental design for articles of manufacture. Almost by definition, an article of manufacture is designed to perform a useful function. But if the design of an article of manufacture is dictated by its function, especially if there are no alternative designs available that perform the same function, the design patent may be invalid as lacking ornamentality under 35 USC § 171. As an aside, opinions and discussions use the terms “functionality” and “lacking ornamentality” interchangeably when discussing the 35 USC § 171 requirement for design patents. The U.S. Patent an ..read more
Oblon - Protecting Designs Blog
2y ago
Last week, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion in Columbia Sportswear v. Seirus Innovative Accessories (No. 2018-1329, 2018-1331 and 2018-1728) (Nov. 13, 2019). Although many interested stakeholders in the design patent world had hoped for some guidance on the “article of manufacture” issue as it relates to the calculation of a design patent infringer’s total profits, the CAFC did not reach the question of damages. Instead, the CAFC focused on the finding of infringement ..read more
Oblon - Protecting Designs Blog
2y ago
The title above refers to a lyric from a 1998 song by Eve 6, although they used the word “cabinet” instead of “chair.” While this simple substitution of a word on my part is designed to evoke an image, the choice of words and the image evoked* can mean so much more in the world of design patents.
Yesterday, in Curver Luxembourg v. Home Expressions (Fed. Cir. Appeal No. 18-2214), the U.S. Court of Appeals for the Federal Circuit affirmed a District Court of New Jersey decision against plaintiff-appellant Curver Luxembourg. Curver sued Home Expressions for infringement of U.S. Design Patent N ..read more
Oblon - Protecting Designs Blog
2y ago
The U.S. Patent and Trademark Office (USPTO) held its 13th annual Design Day on April 25, 2019.
Hosted by Lakiya Rogers (SPE TC 2900) and Elizabeth Ferrill (Finnegan), Design Day 2019 began with introdutory comments from Drew Hirshfeld, Commission for Patents.
Following Commissioner Hirshfeld, Karen Young (Director for TC 2900) discussed the state of TC2900, including various design patent-related statistics for TC 2900. Among other information, Director Young indicated that TC 2900 would be adding more examiners, including both Supervisory Patent Examiners (SPEs) and j ..read more
Oblon - Protecting Designs Blog
3y ago
USPTO Design Day 2021 will be held virtually from 1 pm to 4 pm EDT on April 22, 2021. Following the program, there will be a networking opportunity from 4:15 pm to 4:45 pm EDT. After having Design Day canceled last year, we are looking forward to its return.
Registration links:
Design Day 2021 – https://www.eventbrite.com/e/design-day-2021-tickets-144708808943
Networking - https://www.eventbrite.com/e/networking-event-design-day-2021-tickets-148943709645 ..read more
Oblon - Protecting Designs Blog
4y ago
Design patents cover the ornamental design for articles of manufacture. Almost by definition, an article of manufacture is designed to perform a useful function. But if the design of an article of manufacture is dictated by its function, especially if there are no alternative designs available that perform the same function, the design patent may be invalid as lacking ornamentality under 35 USC § 171. As an aside, opinions and discussions use the terms “functionality” and “lacking ornamentality” interchangeably when discussing the 35 USC § 171 requirement for design patents. The U.S. Patent an ..read more
Oblon - Protecting Designs Blog
4y ago
Last week, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion in Columbia Sportswear v. Seirus Innovative Accessories (No. 2018-1329, 2018-1331 and 2018-1728) (Nov. 13, 2019). Although many interested stakeholders in the design patent world had hoped for some guidance on the “article of manufacture” issue as it relates to the calculation of a design patent infringer’s total profits, the CAFC did not reach the question of damages. Instead, the CAFC focused on the finding of infringement ..read more
Oblon - Protecting Designs Blog
4y ago
The title above refers to a lyric from a 1998 song by Eve 6, although they used the word “cabinet” instead of “chair.” While this simple substitution of a word on my part is designed to evoke an image, the choice of words and the image evoked* can mean so much more in the world of design patents. Yesterday, in Curver Luxembourg v. Home Expressions (Fed. Cir. Appeal No. 18-2214), the U.S. Court of Appeals for the Federal Circuit affirmed a District Court of New Jersey decision against plaintiff-appellant Curver Luxembourg. Curver sued Home Expressions for infringement of U.S. Design Patent ..read more
Oblon - Protecting Designs Blog
5y ago
The U.S. Patent and Trademark Office (USPTO) held its 13th annual Design Day on April 25, 2019. Hosted by Lakiya Rogers (SPE TC 2900) and Elizabeth Ferrill (Finnegan), Design Day 2019 began with introdutory comments from Drew Hirshfeld, Commission for Patents. Following Commissioner Hirshfeld, Karen Young (Director for TC 2900) discussed the state of TC2900, including various design patent-related statistics for TC 2900. Among other information, Director Young indicated that TC 2900 would be adding more examiners, including both Supervisory Patent Examiners (SPEs) and junior patent exami ..read more