Patent Litigation & Intellectual Property

DESIGN PATENT INFRINGEMENT INSIGHTS FROM JOEL DELMAN

Insights on design patent infringement and utility patent litigation from a variety of sources, including: Patentlyo, Intellectual Property Law Blog, The Ipkat, Trademarkology, Managing Intellectual Property, World Intellectual Property Review, and Law 360. If you’d like to chat about anything you see, feel free to reach out or connect with me on LinkedIn.

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Trade Dress & Trademark Litigation
Patent Litigation & Intellectual Property
Innovation, Technology & Culture
William Post, Pop-Tart Inventor, Dies at 96
March 11, 2024
joel's thoughts:

A bakery manager in Michigan, he worked with Kellogg’s to create the snack which became a timeless American classic.

Not sure how I missed this... Honestly, I'd put the Pop Tart up there in the top 100 products ever. And Jerry Seinfeld is about to come out with a documentary on Pop Tarts, to the extent I needed any support for that opinion:-)

Industrial Design & User Experience
Trade Dress & Trademark Litigation
Patent Litigation & Intellectual Property
If You Love Fonts And Graphic Design, Go To A Classic Car Show
January 9, 2023
joel's thoughts:

Great slideshow about two of my favorite things, old cars and branding... Highly recommended Friday read!

Industrial Design & User Experience
Patent Litigation & Intellectual Property
There's Only One Way To Install the Toilet Paper Roll
December 11, 2023
joel's thoughts:

My annual holiday reminder that there is only one right way to install a toilet paper roll, as protected by a US patent issued just before Christmas 1891

Trade Dress & Trademark Litigation
Patent Litigation & Intellectual Property
The Fine Print: Avoiding IP Pitfalls in Unlicensed Fonts
October 19, 2023
joel's thoughts:

Excellent overview of legal issues related to the use of fonts in graphic and industrial design... Many designers are too casual about this (I was once guilty myself, unintentionally)

Trade Dress & Trademark Litigation
Patent Litigation & Intellectual Property
Candy Shape Indicating Flavor is Functional, Not protectable as Trade Dress
October 16, 2023
joel's thoughts:

Great follow up to last week's post about interior design trade dress... Here's an interesting case which just addressed trade dress functionality for candy shaped like the fruit flavor it represents

Trade Dress & Trademark Litigation
Patent Litigation & Intellectual Property
That dressing room design may be valuable IP...
October 5, 2023
joel's thoughts:

Great article about protecting interior design through trade dress

Patent Litigation & Intellectual Property
Industrial Design & User Experience
Thumbs Up Emoji Is an Official Contract Agreement, Canadian Court Rules
July 18, 2023
joel's thoughts:

A heads up to watch how you use those Emojis… A “thumbs up” could be costly

Patent Litigation & Intellectual Property
Trade Dress & Trademark Litigation
Industrial Design & User Experience
Lululemon's Dupe Strategy
August 18, 2023
joel's thoughts:

Not sure it’s effective from a $$ standpoint, but what a super creative way to deal with design knockoffs…