Claiming design
JC Fromer, MP McKenna - University of Pennsylvania Law Review, 2018 - JSTOR
Design stands out among intellectual property subject matter in terms of the extent of
overlapping protection available. Different forms of intellectual property usually protect …
overlapping protection available. Different forms of intellectual property usually protect …
Recalibrating the Disgorgement Remedy in Intellectual Property Cases
P Samuelson, JM Golden, MP Gergen - BUL rev., 2020 - HeinOnline
The five major US. intellectual property (" IP") regimes-trademark, trade secrecy, copyright,
design patent, and utility patent (" patent") laws-have quite different rules about the …
design patent, and utility patent (" patent") laws-have quite different rules about the …
Trademark Spaces and Trademark Law's Secret Step Zero
MA Lemley, MP McKenna - Stan. L. Rev., 2023 - HeinOnline
When is a design just a design, and when is it a trademark? Over the last several decades,
courts have developed a clear framework for evaluating the distinctiveness of certain …
courts have developed a clear framework for evaluating the distinctiveness of certain …
The Truth About Design Patents
S Burstein, S Vishnubhakat - Am. UL Rev., 2021 - HeinOnline
The legal literature is full of dire empirical assertions about design patents. Commentators
say that the US Patent and Trademark Office (USPTO) rejects around half of all design …
say that the US Patent and Trademark Office (USPTO) rejects around half of all design …
Unaccompanied Minors, Statutory Interpretation, and Due Process
SM King, NS Hall - California Law Review, 2020 - JSTOR
In recent years, there has been a massive influx of unaccompanied minors (UMs) 1 crossing
the southern border. 2 Under the Trump administration, migrant children are being held in …
the southern border. 2 Under the Trump administration, migrant children are being held in …
How Design Patent Law Lost Its Shape
S Burstein - Cardozo L. Rev., 2019 - HeinOnline
Under US law, patents are available for" any new, original and ornamental design for an
article of manufacture."'Today, the US Patent and Trademark Office (USPTO) allows …
article of manufacture."'Today, the US Patent and Trademark Office (USPTO) allows …
Whole Designs
S Burstein - U. Colo. L. Rev., 2021 - HeinOnline
In 1980, the US Court of Customs and Patent Appeals (CCPA) radically redefined what
counts as a patentable" design for an article of manufacture." 1 In In re Zahn, it held that …
counts as a patentable" design for an article of manufacture." 1 In In re Zahn, it held that …
The Disgorgement Remedy of Design Patent Law
P Samuelson, M Gergen - California Law Review, 2020 - JSTOR
Until recently, the disgorgement of profits remedy in US design patent law garnered little
attention from scholars or practitioners. 1 Congress created this remedy in the late …
attention from scholars or practitioners. 1 Congress created this remedy in the late …
Standing, Nominal Damages, and Nominal Damages" Workarounds" in Intellectual Property Law after TransUnion
TF Cotter - UC Davis L. Rev., 2022 - HeinOnline
In June 2021, the United States Supreme Court held, in TransUnion LLC v. Ramirez,'that
plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting …
plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting …
Statutory Interpretation and Agency Disgorgement Power
C Roberts - . John's L. Rev., 2022 - HeinOnline
ARTICLES STATUTORY INTERPRETATION AND AGENCY DISGORGEMENT POWER Page
1 ARTICLES STATUTORY INTERPRETATION AND AGENCY DISGORGEMENT POWER …
1 ARTICLES STATUTORY INTERPRETATION AND AGENCY DISGORGEMENT POWER …