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Design Patent Trademark Litigation

Fenwick & West LLP

Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

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Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Top Brand LLC v. Cozy Comfort Company LLC

Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to...more

K&L Gates LLP

EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection

K&L Gates LLP on

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

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

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

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

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

[Webinar] Federal Circuit IP Appeals: Summaries of Key 2023 Decisions - January 23rd, 1:00 pm - 2:00 pm EST

Directors Michael Joffre, Ph.D., William H. Milliken, Anna G. Phillips, and Richard A. Crudo will present the webinar "Federal Circuit IP Appeals: Summaries of Key 2023 Decisions" on Tuesday, January 23, 2024, at 1:00 p.m....more

Troutman Pepper Locke

IP Protection for Featured Characters in Digital and Physical Media

Troutman Pepper Locke on

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

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

MarkIt to Market® - September 2023: How Design Patents Can Complement Brands' Trademark Portfolios

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. However,...more

Ladas & Parry LLP

Change in Practice on Address for Service for International Trademarks and Designs Designating the United Kingdom

Ladas & Parry LLP on

Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more

Ladas & Parry LLP

2016: Developments in Intellectual Property Law You Should Know About

Ladas & Parry LLP on

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more

Foley & Lardner LLP

Athletic Shoe Lawsuits are Off and Running

Foley & Lardner LLP on

Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

Foley Hoag LLP - Trademark, Copyright &...

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

Akerman LLP - Marks, Works & Secrets

Federal Circuit Shows No Peace & Love to the TTAB

This case arose from GS Enterprises, LLC’s (“GS”) opposition to the registration of Juice Generation, Inc.’s (“Juice Generation”) trademark. In finding a likelihood of confusion with GS’s marks, the Board below reasoned that...more

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