Challenging Aspects of Protecting of Non-Traditional Trademarks: The Five Senses and Trademarks

3 02 2017

In my previous article: Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: Shape Trademarks, I mentioned that man has five senses and, accordingly, can perceive information, including trademarks, not only by sight. The diversity of human sensations cannot be reproduced by graphics alone. This is what makes the registration and protection of such trademarks, which can be also perceived by other senses, so interesting, unique and at the same time problematic.

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The content in this post was found at http://www.ipwatchdog.com/2017/02/03/challenging-aspects-non-traditional-trademarks-five-senses/id=77676/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Jury Awards $54M for Trademark and Trade Dress Infringement

13 11 2015

Chicago IP Litigation

November 13, 2015

R. David Donoghue

Black & Decker v. Positec USA, Inc., No. 11 C 5426, Slip Op. (N.D. Ill. Oct. 5, 2015) (Dow, J.).

Judge Dow entered the jury verdict in this Lanham Act case involving plaintiff’s (collectively “Black & Decker”) black and yellow Dewalt color scheme. The jury found as follows:

  • Defendants Positec and R W Direct infringed Black & Decker’s trademarks and trade dress.
  • The Defendants’ infringement was willful.
  • Positec owed Black & Decker approximately $54M of Positec’s profits.
  • R W Direct owed Black & Decker approximately $115k of R W Direct’s profits.

The Court also set a post-trial briefing schedule.

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The content in this post was found at http://www.chicagoiplitigation.com/2015/11/jury-awards-54m-for-trademark-trade-dress-infringement/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ChicagoIpLitigationBlog+%28Chicago+IP+Litigation+Blog%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Apple v. Samsung case shows the difficulty of protecting designs

8 09 2015

Washington Post

May 18, 2015

A federal appeals court on Monday struck down a key part of Apple’s legal victory over Samsung on smartphone design, a move that could slash hundreds of millions from the nearly $1 billion jury verdict that found Samsung had copied aspects of the iconic iPhone.

The decision, a remnant of the now mostly cooled smartphone wars over patents relating to the mobile phone market, leaves the rest of the original finding intact. But the reversal on the question of Apple’s trademark claims about the overall look of the phone highlights the difficulties of protecting design features as intellectual property.

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The content in this post was found at https://www.washingtonpost.com/news/the-switch/wp/2015/05/18/apple-v-samsung-case-shows-the-difficulty-of-protecting-designs/  and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

 

 



Appeals court slashes down Apple’s $930M win against Samsung

24 06 2015

The US Court of Appeals for the Federal Circuit wiped out (PDF) a sizable chunk of Apple’s biggest legal win today, overturning parts of a 2012 jury verdict against Samsung that entitled the iPhone maker to $930 million in damages.

Apple won that trial on both patent claims and claims related to “trade dress,” an amorphous part of trademark law. The Federal Circuit, which considers all patent appeals, said the trade dress claims weren’t legally justified and threw them out. The Federal Circuit is leaving it to the lower court to issue a final judgment, but since those claims accounted for $382 million of Apple’s big win, that’s how much Apple is expected to lose. It’s more than 40 percent of the verdict winnings, leaving $548 million on the table for Apple to collect.

In the view of the appeals judges, the iPhone’s trade dress isn’t protectable at all, because it’s more functional than decorative.

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The content in this post was found at http://arstechnica.com/tech-policy/2015/05/appeals-court-slashes-down-apples-930m-win-against-samsung/  and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Trade Dress Can Be Viable Means of Protecting Websites from Competitor’s Look-Alike Sites

24 11 2013

Somewhere between a well-recognized website design like Google’s home page and a fledgling e-commerce venture built with free web building software lives most other websites.  Depending on the investment in the development and the operator’s design ethic, some websites may display unique, distinctive portals that are key to attracting and retaining customers.  For those with a unique look, it might be possible that the “trade dress” of their sites – the unique look and feel – could be protectable, and therefore useful in fending off competitors who copy their online presence.

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The content in this post was found at http://newmedialaw.proskauer.com/2013/11/07/trade-dress-can-be-viable-means-of-protecting-websites-from-competitors-look-alike-sites/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.