Tag Archives: design patent

“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision”

Panel at the National Press Club RT: Huge debt to Sarah Burstein’s work, the best and most scholarly work on the subject—says things that aren’t clearly on either “side” of the present dispute, but I find persuasive.  Her conclusion based … Continue reading

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Shoes and surveys (picture post)

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement survey on … Continue reading

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Depressed sales and asserted loss of prestige aren’t irreparable harm

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein.  Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes.  (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading

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Notre Dame Scope Roundtable, part 4

Chris Buccafusco & Mark Lemley, Screening Functionality Commentators: Abraham Drassinower and Jim Gibson Gibson: regime shopping is even more troublesome than scope problems in one regime. Design patents seem to exist purely for regime shopping; everyone wants a patent right … Continue reading

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Notre Dame Scope Roundtable, part 2

Jeanne Fromer & Mark McKenna, Claiming Design Commentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and … Continue reading

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WIPIP, part 4

Mark McKenna & Jessica Silbey, Investigating Design: An Empirical Study of Industrial Design and IP Protection Interviews & institutional analysis. Hypothesis generating—anti-copying/copying practices, etc. Buccafusco: consider who’s in the sample—don’t limit to self-identified designers. Following career trajectories of design school … Continue reading

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading

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