KenBrooks commented on 'Design Law: Protecting Copyrighted Designs'
Very nicely done. However it is possible to protect a patented design with copyright protection after the 14 years has passed?
View Articleanonii commented on 'Design Law: Protecting Copyrighted Designs'
I wonder how much money the plantiff got after fees and expenses.
View ArticleMaxDrei commented on 'Design Law: Protecting Copyrighted Designs'
I must say, "Things Remembered" is a cute name for somebody who copies the designs of others. I wonder where they got it from. Finding a clever and apt title for a work is not easy. Depending on the...
View ArticleIra Siegel commented on 'Design Law: Protecting Copyrighted Designs'
Congratulations to Perry Saidman and his firm. The jury awarded about $770,000 as the profits obtained by the infringer, regardless of the willfulness of the infringement. Did the court increase the...
View ArticlePaul F. Morgan commented on 'Design Law: Protecting Copyrighted Designs'
Since metal wire filigree jewelry is several thousand years old, I wonder if, how and/or where defendants do prior art searching in such cases? Museum curators?
View Articlebroje IANYL TINLA commented on 'Design Law: Protecting Copyrighted Designs'
Is prior art searching needed for copyright protection? I guess the defendant might say they copied the older design, not the newly copyrighted one. Or were you talking about design patents? What's the...
View ArticlePerry Saidman commented on 'Design Law: Protecting Copyrighted Designs'
Ira, In copyright law, a district court has discretion to enhance statutory damages for willful infringement, but the plaintiff in this case sought recovery of the infringer’s profits, instead of...
View ArticleInviting Body Punches commented on 'Design Law: Protecting Copyrighted Designs'
Perry-- Hope you had a good Thanksgiving! Still awaiting your response to the other design patent thread...
View ArticleMaxDrei commented on 'Design Law: Protecting Copyrighted Designs'
Some people in Europe want patent infringement to be a criminal offence. One can see that counterfeiting (copying every detail) is tantamount to criminal activity,. From there it's easy to see why...
View ArticleIra Siegel commented on 'Design Law: Protecting Copyrighted Designs'
Thanks, Perry. Now that I think of it during a reasonable hour of the morning hear in LA, you are absolutely correct: under copyright law neither actual damages nor statutory damages can be increased...
View Articlemmm commented on 'Design Law: Protecting Copyrighted Designs'
I'm just going to say, wow. I'm not sure that there is much else to be said. The copyright on a metal wire flower should have been so, so narrow. Metal wire flowers are millenia old. A daisy is about...
View ArticleMalcolm Mooney commented on 'Design Law: Protecting Copyrighted Designs'
I'm just going to say, wow. I'm not sure that there is much else to be said. The copyright on a metal wire flower should have been so, so narrow. Metal wire flowers are millenia old. A daisy is about...
View Articlebroje IANYL TINLA commented on 'Design Law: Protecting Copyrighted Designs'
mmm, I don't think you understand copyright law. Suppose that someone were born on a ship and promptly shipwrecked and raised on a desert island. Suppose that someone, never exposed to the complete...
View ArticleJohn Roethel commented on 'Design Law: Protecting Copyrighted Designs'
As I recall, copyright infringement has two elements: access and copying. If an alleged infringer has never seen the registered work, then there is no access. As I also recall, there is some sort of...
View ArticleMaxDrei commented on 'Design Law: Protecting Copyrighted Designs'
Excuse my ignorance, but is there a "Best Mode" requirement, when it comes to design patents? What is the "best" daisy design, I'm wondering.
View ArticleRed Monkey commented on 'Design Law: Protecting Copyrighted Designs'
Was there a design patent involved in this case? The jury verdict is all about copyright infringement, and there is a claim from a utility patent.
View ArticleMalcolm Mooney commented on 'Design Law: Protecting Copyrighted Designs'
Suppose that someone, never exposed to the complete works of Shakespeare, happened to write works that were identical, word for word, to the complete works of Shakespeare. That person would have a...
View Articlemmm commented on 'Design Law: Protecting Copyrighted Designs'
"mmm, I don't think you understand copyright law. Suppose that someone were born on a ship and promptly shipwrecked and raised on a desert island. Suppose that someone, never exposed to the complete...
View ArticlePaul F. Morgan commented on 'Design Law: Protecting Copyrighted Designs'
My question was about finding prior art for a utility patent on jewelry, such as noted above. As to novelty or originality, a copyright only requires “independent creation plus a modicum of...
View ArticleEG commented on 'Design Law: Protecting Copyrighted Designs'
"Excuse my ignorance, but is there a "Best Mode" requirement, when it comes to design patents? Max, The "best mode" requirement should apply. See 35 USC 171: "The provisions of this title relating to...
View ArticlePerry Saidman commented on 'Design Law: Protecting Copyrighted Designs'
I sure wish I could comment on all these...um...interesting posts, since I have thoughts on just about each one - such teaching moments are very hard to resist! But since the case is ongoing, I must...
View ArticleMike commented on 'Design Law: Protecting Copyrighted Designs'
So let's see: the plaintiff obtains four different forms of protection for essentially the same thing: a trademark, a copyright, a design patent and an utility patent. And no one else see anything...
View ArticleEG commented on 'Design Law: Protecting Copyrighted Designs'
Perry, I hear you and you're absolutely correct in refraining. We'll just have to wait . . . .
View Articlebroje IANYL TINLA commented on 'Design Law: Protecting Copyrighted Designs'
*****What do you mean by "works" ? You mean the text in the original handwriting of the bubble boy? Once in the public domain, you can't claim all rights to the words themselves.**** But if another...
View ArticleMalcolm Mooney commented on 'Design Law: Protecting Copyrighted Designs'
Remember that it is not enough to show that the flowers are similar to those of some prior art. You must also show that the copyright owner actually copied those elements from that prior art. Good...
View ArticleNoise above Law commented on 'Design Law: Protecting Copyrighted Designs'
Inspector Mooney, get back to work. No self-respecting attorney would desire to conflate copyright and patent law as you so earnestly attempt. Of course, were you a real lawyer you would recognize not...
View ArticleNoise above Law commented on 'Design Law: Protecting Copyrighted Designs'
broje, This is a public blog and you are using a pseudonym. The IANYL TINLA is a bit like typing in all caps.
View Article6 commented on 'Design Law: Protecting Copyrighted Designs'
"but your ethical obligation to achieve both types of protection at your clients' bequest as well." You might also recognize your ethical obligation to stand up and say that the system isn't operating...
View ArticleNoise above Law commented on 'Design Law: Protecting Copyrighted Designs'
How charming, 6 running to the rescue of fellow examiner Mooney. And we know how well the 6 ethical clock ticks. How about another case of gleeful N-wording 6? To the point about understanding law (and...
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