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Full-Text Articles in Art and Design
Aesthetic Functionality And Genericism, Charles E. Colman
Aesthetic Functionality And Genericism, Charles E. Colman
Charles E. Colman
This presentation, the basis for a working article, begins by positing that U.S. trademark law's denial of exclusive rights in "generic" words and phrases is, in essence, a proxy for what might be called "linguistic functionality." In other words, the doctrine of genericism is simply one iteration of trademark law's general principle that no one may claim exclusive rights where recognition of such rights would produce anticompetitive results. Unfortunately, when it comes to non-word marks -- and perhaps most notably, product-design "trade dress" -- courts have neglected to establish a uniform, coherent, and fully theorized test for evaluating "genericism." The …
How To Transition Patent Drawings Into Persuasive Courtroom Exhibits, Bernadette Marshall
How To Transition Patent Drawings Into Persuasive Courtroom Exhibits, Bernadette Marshall
Bernadette Marshall
We want you to get the most out of your patent drawings. In this edition we will discuss the role of patent drawings in litigation and how they can be used to create or enhance persuasive litigation graphics. Whether you are pursuing an infringer or defending your patent, drawings can help educate a judge or jury. Simple, clear and accurate images can often help you win the day. Whether deciding on what damages are appropriate or if in settlement negotiations, a well-defined patent enables the owner to negotiate for the best result possible.
International Harmonization Of Substantive Patent Law - What Does It Mean For Patent Drawings?, Bernadette Marshall
International Harmonization Of Substantive Patent Law - What Does It Mean For Patent Drawings?, Bernadette Marshall
Bernadette Marshall
Among others, the United States Patent & Trademark Office (USPTO) is moving towards harmonizing patent standards. Many rules for patent drawings have already been revised to correspond with those of the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO). The rule change to make computer generated drawings permissible, provided they are executed in a manner that permits clear reproduction and copying, we feel makes perfect sense.
How Much Should You Pay For Patent Drawings?, Bernadette Marshall
How Much Should You Pay For Patent Drawings?, Bernadette Marshall
Bernadette Marshall
How much should you pay for patent drawings? There is no set rate or price for patent drawings because prices are set by the market. Prices vary with the complexity and timing of drawings and reference materials supplied. The highest price is no guarantee of the best quality. Those in the market for patent drawings are wise to shop for the best quality at a competitive price.
Why Patent Drawings Get Rejected Part2, Bernadette Marshall
Why Patent Drawings Get Rejected Part2, Bernadette Marshall
Bernadette Marshall
Last time we discussed why drawings might get rejected. The following are real rejection/objection examples compiled from multiple notices. Each includes our suggested solution. Informal utility drawings; these may include hand drawn sketches, pencil drawings, photographs, photocopies of photographs and drawings with hand written text & numerals. -Notice from USPTO; “All sheets must be reasonably free from cracks, creases, and folds. Each sheet must be reasonably free from erasures and must be free from alterations, overwritings, and interlineations”4. -remedy, formalize the drawings. This usually involves tracing the informal drawings using a CAD program ensuring compliance with all USPTO drawing rules. …
Why Patent Drawings Get Rejected Part1, Bernadette Marshall
Why Patent Drawings Get Rejected Part1, Bernadette Marshall
Bernadette Marshall
You may have had the misfortune to receive a drawing rejection or objection from the United States Patent and Trademark Office (USPTO), or a Patent Cooperation Treaty (PCT) rejection or other patent office rejection notice. Hopefully this will come with an invitation to correct defects in the application. Patent drawings can be part of or the entire reason for such a notice. Fortunately, many problems regarding patent drawings can be remedied. If drawings have been prepared and submitted without regard to the specific patent drawing rules, you stand a good chance that those drawings will be rejected. When this occurs, …
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
Counterfeits, Copying And Class, Ann Bartow
Counterfeits, Copying And Class, Ann Bartow
Law Faculty Scholarship
Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) "knockoffs," in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible …