On October 23, 2018, the Patent Trial and Appeal Board (the “PTAB”) invalidated a design patent over the shape of an aircraft lavatory, because it had been on-sale prior to the filing date. U.S. Design Patent No. D764,031 S (“the ‘031 patent”) concerned the ornamental design of an aircraft lavatory where the walls were slightly
Intellectual Property
Swan-Shaped Pool Toy Claim Won’t Float, According To Second Circuit
By Nicole Indelicato & William W. Stroever on
Posted in Intellectual Property, Trademarks
Two manufacturers of large inflatable swan-shaped pool floats made a splash in a New York appeals court earlier this month. The Second Circuit rejected a New York company’s attempt to claim exclusive trade dress rights to a swan-shaped pool float, calling the endeavor “impermissibly overbroad.”
In August 2016, Long Island based pool products enterprise, Swimline…
Sculpting Brand Protection with Non-Traditional Trademarks
By William W. Stroever on
Posted in Intellectual Property, Trademarks
Hasbro, Inc. recently made headlines when it received a federal trademark registration for the scent of its Play-Doh product. While it isn’t impossible to register a trademark for a scent, it is rare, and it is a reminder of the many options business owners have to create connections with customers (and even make a…
No, Animals Cannot Claim Authorship Under the Copyright Act
By Elizabeth Carbone on
Posted in Copyrights, Intellectual Property
Animal selfie enthusiasts rejoice – your pet cannot sue you for copyright infringement for reproducing their pictures online under the Copyright Act of 1976. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) has now answered the concern that has (obviously) been at the forefront of every legal professional’s mind – whether…