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Trademarks › Design Patent › Appeals

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
A&O Shearman

Infringing gin part II: Court of Appeal victory for M&S against Aldi’s copycat design

A&O Shearman on

Designers and brand owners will be comforted by Marks & Spencer’s Court of Appeal victory. It reinforces the importance of registering designs to protect against copycat products and, as the first Court of Appeal decision...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

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

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

McDermott Will & Emery

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more

McDermott Will & Emery

Knock It Off, Knockoffs? Ninth Circuit Affirms Trade Dress Rights but Not Fame

McDermott Will & Emery on

Taking on issues of functionality and fame relating to trade dress rights, the US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s judgment after a jury trial on claims of...more

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

MarkIt to Market® - September 2018: When the Other Shoe Drops – Keep Calm and (Trade) Dress Up

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

Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more

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