Federal Circuit Upends Longstanding Design Patent Obviousness Test
June 7, 2024
In so doing, the CAFC outlined the new framework by which design patent obviousness is to be determined at the United States Patent & Trademark Office (“USPTO”) during examination and post-grant proceedings, as well as during district court litigation involving infringement or invalidity challenges of design patents.
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Patent Litigation & Intellectual Property
Trade Dress & Trademark Litigation
Trade Dress Litigation for Scent? Yes, You Can Trademark the Smell of Childhood
April 7, 2025
joel's thoughts:
In a unique development in the world of trade marks, Crayola has recently secured legal protection for the distinctive smell of its crayons.