Today in #DesignLaw:

17 U.S.C. § 113.

Yes, a whole day on it.

https://www.law.cornell.edu/uscode/text/17/113

#Copyright #LawProfs #LawFedi

In a design case, when a court says that a plaintiff has identified non-infringing alternatives, the court should put pictures of those alternatives in the decision.

Competitors shouldn't have to spend time and money to try to find those pictures on PACER.*

This post brought to you by Silvertop v. Kangaroo.

#Litigation #DesignLaw #Copyright

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* Yes, PACER should be free. But even if it were, the point remains: If the alternatives are important to the decision, include them.

In a design case, when a court says that a plaintiff has identified non-infringing alternatives, they should put the pictures of those alternatives in the decision.

Competitors shouldn't have to spend time and money to try to find those pictures on PACER.*

This post brought to you by Silvertop v. Kangaroo.

#Litigation #DesignLaw #Copyright

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* Yes, PACER should be free. But even if it were, the point remains: If the alternatives important, make them part of the publicly-available decision.

In a design case, when a court says that a plaintiff has identified non-infringing alternatives, they should put the pictures of those alternatives in their published decision.

Competitors shouldn't have to spend time and money to try to find those pictures on PACER.*

This post brought to you by Silvertop v. Kangaroo.

#Litigation #DesignLaw #Copyright

___
* Yes, PACER should be free. But even if it were, the point remains: If the alternatives important, make them easy to find.

In a design case, when a court says that a plaintiff has identified non-infringing alternatives, they should put the pictures of those alternatives in their published decision.

Competitors shouldn't have to spend time and money to try to find those pictures on PACER.*

This post brought to you by Silvertop v. Kangaroo.

#Litigation #DesignLaw #Copyright

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* Yes, PACER should be free. But even if it were, the time and effort aren't nothing. If the alternatives important, make them public.

Today in #DesignLaw: We start our unit on #copyright.

Today in #DesignLaw: Design patent #remedies.

New-and-improved Design Law syllabus, featuring my own materials: Done.

First week assignment: Posted.

It's going to be fun, y'all.

#DesignLaw #LawProfs

New EU Design law to overhaul repair clause and open up for digital markets https://www.pinsentmasons.com/out-law/news/new-eu-design-law-to-overhaul-repair-clause-and-open-up-for-digital-markets #righttorepair #designlaw #EU

Here's the design patent, if you're curious: https://patents.google.com/patent/USD889912S1/en?oq=country:US+type:DESIGN+D889%2c912

The complaint doesn't include pictures of any accused product(s), so it's impossible to know whether the infringement claims were any good.

Beersy v. Yiwu Backpacker Bags, No. 1:22-cv-01115 (W.D. Tex. Nov. 1, 2022), ECF 1.

#DesignPatents #Trademarks #Litigation #DesignLaw

But wait, there's more!

Beersy v. Yiwu Backpacker Bags, No. 1:22-cv-01115 (W.D. Tex. Nov. 1, 2022), ECF 1.

#DesignPatents #Trademarks #Litigation #DesignLaw

Okay, so this design patent & trademark infringement complaint was filed on November 1 and voluntarily dismissed on November 16.

But I still need to share these shots of the plaintiff's products (yes, those sold by the party alleging trademark infringement).

Beersy v. Yiwu Backpacker Bags, No. 1:22-cv-01115 (W.D. Tex. Nov. 1, 2022), ECF 1.

#DesignPatents #Trademarks #Litigation #DesignLaw

In prior litigation, CeramTec tried to argue that (at least some of) the patents weren't a problem because they covered both pink and not-pink embodiments: https://www.scribd.com/document/371204153/C5-Medical-Werks-v-CeramTec-Appellant-Brief

But the 10th Circuit didn't get to that issue because it concluded the district court lacked personal jurisdiction over CeramTec: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110226021.pdf

#TradeDress #DesignLaw #Functionality #PinkHipImplants #Patents

How can pink be functional, you ask? Basically, the pink comes from chromium oxide, which makes the implants harder, tougher, stronger.

Indeed, CeramTec "has sought or obtained additional patent protection for compositions claiming the beneficial effects of chromia, the chemical that turns the compound pink."

#TradeDress #DesignLaw #Functionality #PinkHipImplants #Patents

The Saga of the Pink Hip Implants continues:

The TTAB has granted petitions to cancel U.S. Trademark Registrations No. 4319095 & 4319096 as functional. http://ttabvue.uspto.gov/ttabvue/ttabvue-92058781-CAN-171.pdf

I assume CeramTec will appeal.

H/t TTABlog: https://thettablog.blogspot.com/2022/12/ttab-grants-petitions-for-cancellation.html

#TradeDress #DesignLaw #Functionality #PinkHipImplants

Welcome to the Fediverse, @hewittlaw! Casey is one of my favorite follows from That Other Site. Check out her posts on #DesignLaw, #ScheduleA shenanigans, and other great stuff.

Curious what my EU IP friends think about these design proposals: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7216 #DesignLaw #DesignIP #EU #IntellectualProperty

RT @bardehleIP@twitter.com

📰The International Comparative Legal Guide - Designs 2023 by the @GlobalLegalGrp@twitter.com has recently been published!

💡Read the German chapter by our attorneys-at-law: https://www.bardehle.com/en/ip-news-knowledge/publication/detail/iclg-international-comparative-legal-guide-designs-2023

#IntellectualProperty #DesignLaw #Design

🐦🔗: https://twitter.com/bardehleIP/status/1597252965555134467

Interesting post on a recent #TradeDress case over on PatentlyO: https://patentlyo.com/patent/2022/11/product-presumption-validity.html

#Trademarks #Functionality #DesignLaw