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Monthly Minute | Design Patents
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In one of the rare design cases before the CJEU, Advocate General Emiliou recently had the opportunity to clarify some fundamental requirements of protection for EU designs (Case C-323/24, Deity Shoes v Mundorama Confort and...more
Advocate General Nicholas Emiliou has delivered his opinion in the case Deity Shoes, S.L. v Mundorama Confort, S.L. and another (Case C 323/24). The case considers whether a footwear design made by Deity Shoes, S.L. (Deity...more
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity to be...more
“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
In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more
New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more....more
On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...more
There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...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
On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design...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
The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...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
The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more
Sports bras and tires don’t seem to have much in common, but both embody visual designs fashioned to appeal to consumers and both have a particular form of intellectual property— design patents—tailored to protect their...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...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
Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more
It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry... ..Design patents should always be considered for timeless and iconic pieces or...more
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more
Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week. Fashion Week draws more than 230,000 attendees each...more