Category Archives: design patent

IPSC: Other IP

Posted on August 6, 2015 by rtushnet

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading →

Posted in art law, conferences, copyright, design patent, fda, http://schemas.google.com/blogger/2008/kind#post, music, preemption | Leave a comment

Court throws shade on TM claimant’s naked licensing

Posted on June 18, 2015 by rtushnet

Amscan Inc. v. Shutter Shades, Inc., No. 13-CV-1112 (S.D.N.Y. Apr. 30, 3015)   Plaintiff Party City is a party goods retailer, and plaintiff Amscan makes party goods that it distributes to many retail outlets, including Party City.  Defendant Shutter Shades … Continue reading →

Posted in design patent, trademark | 1 Comment

lack of injury dooms false advertising claim based on patent invalidity

Posted on April 6, 2015 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., No. 11–12278, 2015 WL 1442456 (D. Mass. Mar. 31, 2015) Bern, which makes sports helmets, sued six competitors for trade dress infringement of its allegedly unique design, with a small visor and rounded shape.  … Continue reading →

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AU IP/Gender: Panel IV: Gendered Understandings of the Role and Scope of IP

Posted on February 27, 2015 by rtushnet

Moderator – Irene Calboli, Marquette Law School and National University of Singapore   Carys Craig, Osgoode Hall Law School, York University – Deconstructing Copyright’s Choreographer: the Power of Performance (and the Performance of Power)   Feminist approach to conceptualizing artistic … Continue reading →

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WIPIP Session 4, Cross-IP

Posted on February 6, 2015 by rtushnet

Mark Lemley (& Mark McKenna), Scope   Midnight in the Garden of Good & Evil copyright infringement case.  Court rejects invalidity claim: the photo has some creative elements.  So it has to go to a jury on infringement. But we … Continue reading →

Posted in copyright, design patent, http://schemas.google.com/blogger/2008/kind#post, patent, trade secrets, trademark | Leave a comment

claims about patent might be misleading if on-sale bar clearly applied

Posted on January 6, 2015 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., 25 F. Supp. 3d 170 (D. Mass. 2014)   Bern, which sells sports helmets, sued six competing helmet makers.  It initially sued for design patent infringement, but dropped that claim and switched to trade … Continue reading →

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Dastar and design patent

Posted on September 12, 2014 by rtushnet

Deckers Outdoor Corp. v. J.C. Penney Co., No. 2:14-cv-02565 (C.D. Cal. Sept. 8, 2014) This is going to sound bigger than it is: the court grants JCP’s motion to dismiss a false designation of origin claim under Dastar because JCP, … Continue reading →

Posted in california, dastar, design patent, preemption, trademark | Leave a comment

What does reputational harm mean? Lessons from Apple v. Samsung

Posted on August 28, 2014 by rtushnet

Apple, Inc. v. Samsung Electronics Co., No. 12-CV-00630 (N.D. Cal. Aug. 27, 2014) Others will doubtless have much to say about the patent-specific aspects of this case, but I want to talk about what the court said about the relationship … Continue reading →

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IPSC part 10: hodgepodge

Posted on August 8, 2014 by rtushnet

Sixth Breakout Session The Patented Design Sarah Burstein What should the patented design cover?  Require the design to be applied to a particular product, and signal that in the name/title.  That better respects First Amendment concerns, notice function of patents, … Continue reading →

Posted in antitrust, design patent, http://schemas.google.com/blogger/2008/kind#post, patent, trademark | Leave a comment

WIPIP: IP theory

Posted on February 9, 2014 by rtushnet

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard.  Wikileaks ran through cash reserves in less than a year and suspended publication.  … Continue reading →

Posted in copyright, design patent, http://schemas.google.com/blogger/2008/kind#post, patent, right of publicity, trademark | Leave a comment