Money-Saving Licensing Tips for Startups
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
PODCAST: PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
A Counterintuitive Approach to Winning Without Litigation: One-on-One with Haley Morrison
SkadBytes Podcast | Tech’s Shifting Landscape: Five Trends Shaping the Conversation
Tips for Conducting a Trade Secret Assessment with Rob Jensen
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
Essential Steps to Sell Your Business
Mickey Mouse: un ratón con abogado
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Unexpected Paths to IP Law with Dan Young and Colin White
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA Name, Image, Likeness (NIL) Update – Effects of House Settlement
How IP Can Fuel Your Startup's Growth
Tariffs and Trade Series: What Senior Management Teams Need to Know
5 Key Takeaways | AI and Your Patent Management, Strategy & Portfolio
Two Key Considerations in NIL Deals
In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more
Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional “look and feel" of a product’s design, shape and/or 3D configuration.[1] Product manufacturers and...more
In this edition of The Precedent, we outline the recent federal circuit decision in CeramTec v. CoorsTek. ...more
The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more
The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more
Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more
In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more
The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more
In confirming that the unregistered trade dress of the Chambord French press coffeemaker was nonfunctional, the US Court of Appeals for the Seventh Circuit affirmed the district court’s determination that plaintiff’s...more
On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...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
I often get asked by clients to discuss the differences between design patents and trade dress. Both are intellectual property protections that protect similar aspects of a product—the appearance and aesthetic features. Last...more
In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more
It has long been possible to use both trade dress and design patent rights to protect three-dimensional designs that function as trademarks. One strategy has been to rely on design patent protection while a three-dimensional...more