Category Archives: design patent

IPSC: Other IP

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

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Court throws shade on TM claimant’s naked licensing

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

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lack of injury dooms false advertising claim based on patent invalidity

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

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

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

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

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

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

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

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

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

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WIPIP: IP theory

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

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