WIPIP 2019, Plenary (designs)

Whole Designs, Sarah BursteinWhat is a “design for a useful article”?  TLDR: it’s a whole article.  Egyptian Goddess said the infringement test has to be sameness of appearance. Must appear substantially the same to the ordinary observer.Worst design patent claim ever: Caffeinate Labs v. Vante: multitool shaped like a monkey; the accused design is not shaped like a monkey. (Withdrawn when D correctly filed a motion for sanctions.)  Richardson v. Stanley works: claimed & accused designs were hammer tools w/things in the same places but didn’t look the same.  We don’t have fragmented literal similarity as in ©; you have to look at the design as a whole.But: the whole what?  Three long-recognized types of designs.  A design for the shape of an article of manufacture, like a dryer ball shaped like a hedgehog.  A design for the surface ornamentation of an article.  Or a combination of both (grab bars…

Read more detail on Recent Advertising Law posts –

Legal notice about the WIPIP 2019, Plenary (designs) rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.

Do you need High Quality Legal documents or forms related to WIPIP 2019, Plenary (designs)?

This entry was posted in Advertising Law and tagged , , , . Bookmark the permalink.

Leave a Reply