Patent Right Evaluation Report in China’s Patent System
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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. ...more
It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more
Three years ago, the Supreme Court announced a seemingly simple separability test for determining whether features of a useful article are eligible for copyright protection in the landmark decision Star Athletica v. Varsity...more
White & Case Technology Newsflash - Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...more
At the end of June a mechanism providing for temporary protection of industrial designs was introduced into the Russian legal system. In short it requires somebody who uses an industrial design during the period of its...more
Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more
Fashion Week San Diego is this weekend—one of the few fashion shows open to the fashion industry and the general public! Fashion shows are exhilarating. As an intellectual property (“IP”) attorney, however, fashion shows...more
It’s finally the start of baseball season: you can almost feel the gentle spring breeze, smell the peanuts and popcorn, and hear the crack of the bat. You may also notice something more colorful, dotted, and perhaps...more
On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more
The old adage may hold that imitation is the sincerest form of flattery, but fashion designers are understandably dismayed when perfect replicas of their creative apparel are sold at deep discounts to lower-end markets soon...more
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more
In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more