design_law

design_law, 9 days ago to random

Court denies plaintiff's request for an asset freeze in a (non-Schedule A) trademark & trade secret case.

REBECCA BAMBERGER WORKS, LLC v. REBECCA BAMBERGER, No. 3:24-cv-00706, 2024 WL 2805323, at *20 (S.D. Cal. May 31, 2024).

#Remedies #AssetFreezeDenied

design_law, 12 days ago to random

D664,687 - issued in 2012 for a design for a "multilayered rainbow tealight candle." #DesignPatents

design_law, 13 days ago to random

Happy weekend! What are we reading, watching, and listening to for fun (or distraction)?

design_law, 14 days ago to random

D604,131 - issued in 2009 for a design "for an opener for a bottle of sparkling wine." #DesignPatents

design_law, 15 days ago to random

Just throwing it out there that, for lower court judges, the rule is that they are supposed to avoid not just "impropriety" but also the "appearance of impropriety": https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges#c

design_law, 16 days ago to random

We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

More details and the (free) registration link here:

https://events.suffolk.edu/event/design-patents-after-the-en-banc-decision-in-lkq-v-gm

#SuffolkIP #DesignPatents

design_law, 18 days ago to Bloomscrolling

#BloomScrolling

design_law, 18 days ago to random

The transcript from a February hearing in one of those EDVA #ScheduleA cases is now out.

The judge clearly has some concerns: "while, certainly, the courts are here to facilitate the voluntary resolution of matters through settlements and licenses, it is not appropriate to abuse the court's process by creating and pursuing litigation in which people don't have a fair opportunity to get to the merits of them."

https://storage.courtlistener.com/recap/gov.uscourts.vaed.545461/gov.uscourts.vaed.545461.202.0.pdf

design_law, 20 days ago to random

Following Judge Gottshall's decision on joinder, (https://mastodon.social/) Vogt has filed an amended complaint in the Bailie case:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.456489/gov.uscourts.ilnd.456489.33.0.pdf

The plaintiff alleges only copyright infringement, but makes liberal use of #CounterfeitRhetoric.

#ScheduleA #PermissiveJoinder

design_law, 20 days ago to random

More #ScheduleA #CounterfeitRhetoric, this time in a design patent case: https://www.scribd.com/document/735971958/Lovitedo-v-Schedule-A-Complaint

design_law, 20 days ago to random

Happy long weekend, friends! What are we listening to, watching, or reading for fun (or distraction)?

design_law, 20 days ago to random

D159,342 - issued to Jo Emmett Jennings in 1950 for a design for a "vacuum condenser." #DesignPatents #InReJennings

design_law, 20 days ago to random

Too many things going on this week. Can all you courts just, like, slow down a bit?

design_law, 20 days ago to random

Oh, this is potentially big. Dyson denied profits in a trademark #ScheduleA case. At oral argument, two judges "pushed back on the notion that [Dyson] was at all entitled to a profits award in the case."

https://www.law360.com/ip/articles/1840545?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

Of course, oral arguments can mislead as to the way a case will ultimately go.

But if the panel goes against Dyson/GBC, that would be a big deal.

design_law, 21 days ago to random

Thinking about the use of the passive voice in this passage from #LKQvGM:

design_law, 21 days ago to random

Nope, no infringement. Homy Casa Limited v. Jili Creation Technology Co., Ltd., 2:24-cv-00763, (W.D. Pa. May 23, 2024).

#DesignPatents

design_law, 22 days ago to random

In #ScheduleA copyright case (before Judge Kennelly) a group of defendants accuses the plaintiff of all kinds of misconduct, including bad faith withholding of TRO documents and judge shopping:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.457543/gov.uscourts.ilnd.457543.44.0.pdf

design_law, 22 days ago to random

Bloomberg Law on #LKQvGM, featuring some quotes from yours truly:

https://news.bloomberglaw.com/ip-law/new-design-patent-test-creates-uncertainty-over-whats-obvious

design_law, 23 days ago to random

Some more assorted thoughts on #LKQvGM:

design_law, 23 days ago to random

Okay, so I don't use the f-word lightly but:

This is a shockingly frivolous design patent infringement claim:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.457552/gov.uscourts.ilnd.457552.36.0.pdf

Yes, it's in a #ScheduleA case.

The TRO documents are still under seal so I don't know what the other claims look like.

But this is not inspiring confidence.

#DesignPatents

design_law, 23 days ago to random

Breaking: #LKQvGM is out! http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

Reading now.

#DesignPatents

design_law, 24 days ago to random

Another good #ScheduleA joinder decision, this time out of SDFL. #PermissiveJoinder #CivProMatters

design_law, 23 days ago to random

TFW a judge describes AIPLA, INTA and that weird Charles Mauro outfit as "organizations with a primary interest in the stability and clarity of the law."

😬 😬 😬

design_law, 23 days ago (edited 22 days ago) to random

Will GM file a cert petion?

#LKQvGM

design_law, 24 days ago to random

What fresh hell is this?