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12 Apr 2021, 3:50 am
Finally, under the fourth factor, one of the patents indicated that the subject design is "comparatively simple or cheap to manufacture. [read post]
29 Nov 2012, 1:23 pm by Bexis
[The device manufacturer], designed, formulated, tested, manufactured, advertised, and sold [the device]. [read post]
16 Jun 2017, 9:44 am by rengler@lawbc.com
., Inc. in Greener Synthetic Pathways -- Letermovir: A Case Study in State-of-the-Art Approaches to Sustainable Commercial Manufacturing Processes in the Pharmaceutical Industry; Amgen Inc. and Bachem in Greener Reaction Conditions -- Green Process for Commercial Manufacture of Etelcalcetide Enabled by Improved Technology for Solid Phase Peptide Synthesis;  The Dow Chemical Company and Papierfabrik August Koehler SE in Designing Greener… [read post]
27 Mar 2017, 1:15 am by Jani Ihalainen
The Supreme Court handed down its decision only last week.Without discussing the facts in too much detail, the case of Star Athletica LLC v Varsity Brands Inc. dealt with two companies that design and manufacture cheerleading outfits, which often incorporate fanciful designs and patterns to distinguish the cheerleaders from each other (and to bring in their respective schools' colors). [read post]
21 Jul 2023, 4:45 am
., Inc., Serial Nos. 88456014 and 88456147 (July 14, 2023) [not precedential] (Opinions by Judge Albert Zervas) “It is well settled that terms used merely as model, style, or grade designations are not registrable as trademarks because they do not serve to identify and distinguish one party’s goods from similar goods manufactured and/or sold by others. [read post]
16 Apr 2018, 4:04 am
In making a determination regarding functionality, the Board is guided by the analysis set forth in In re Morton-Norwich Prods., Inc., 671 F.2d 1332, 213 USPQ 9, 15-16 (CCPA 1982).Morton-Norwich identifies the following inquiries or categories of evidence as helpful in determining whether a particular design is functional: (1) the existence of a utility patent disclosing the utilitarian advantages of the design; (2) advertising materials in which the originator of the… [read post]
9 Oct 2012, 5:12 am
The workers sued Triplex, Inc., the company that had sold the hose to Honeywell, under the theory that it was liable for their injuries as the manufacturer of the hose. [read post]
18 Jan 2011, 12:20 pm by Rebecca Shafer, J.D.
Use simple, well-designed written, audio and visual tools to convey the companys message. ? [read post]
5 Oct 2015, 3:13 am
In any case, even if Heatcon's interface is not comparatively simple or inexpensive to manufacture (as Heatcon asserted), that does not mean that the design is not functional.Heatcon argued that, although the arrangement of its interface is composed completely of functional parts, the arrangement by itself is not functional. [read post]
31 Dec 2009, 11:46 am by Beck, et al.
Plaintiff sued the manufacturer of the broken screws. [read post]
20 Mar 2023, 4:12 am
And finally, there was no proven benefit to the Ridge Designs in terms of ease or cost of manufacture. [read post]
29 Sep 2008, 11:00 am
And there was no evidence that Applicant's design "results from a simple or cheaper method of manufacturing. [read post]
15 Aug 2012, 6:47 am by Brian A. Hall
” The Court considered the four Ninth Circuit factors in its functionality analysis: (1) whether the design yields a utilitarian advantage; (2) whether alternative designs are available; (3) whether advertising touts the utilitarian advantages of the design; and (4) whether the particular design results from a comparatively simple or inexpensive method of manufacture. [read post]