By Patrick Miller
| February 13, 2015
On February 13, 2015, the United States deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”) with the International Bureau of World Intellectual Property Organization (“WIPO”). As such, the treaty will go into effect for the United States three months from the deposit date, on May 13, 2015. Japan is also understood to have deposited its instrument of ratification and is expected to become a member in the same time period as the United States.

As indicated previously on this blog, the Hague Agreement, generally speaking, establishes an international registration system which facilitates protection of industrial designs (i.e., design patents) in member countries and intergovernmental organizations (“Contracting Parties”) by way of a single, “standardized” international design application filed either directly with the International Bureau of WIPO or indirectly through an applicant’s Contracting Party (which will now include the U.S. Patent and Trademark Office (“USPTO”)).

As for how the USPTO will process and examine international designs filed pursuant to the Hague Agreement, the USPTO has indicated they will soon publish their Final Rules in this regard, which are expected to go into effect on May 13, 2015 and apply to such international design applications filed on or after May 13, 2015. Among other things, U.S. design patents resulting from international design applications filed on or after May 13, 2015 pursuant to the Hague Agreement will have a 15-year term instead of the current 14-year term for U.S. design patents.
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By Jeremy Barton
| January 31, 2015
On January 29, 2015, Ford Global Technologies LLC (“FGTL”) filed a complaint in the Eastern District of Michigan (2-15-cv-10394) against United Commerce Centers, Inc. (“UCC”), which FGTL believes is doing business as New World International, alleging design patent infringement of the following U.S. Design Patents, which are attributed to the 2004 Ford F-150 and the 2005 Ford Mustang. The pictures below are provided in the complaint.
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By Patrick Miller
| January 27, 2015
On January 22, 2015, Oakley, Inc. (“Oakley”) filed a complaint against ICU Eyewear, Inc. (“ICU Eyewear”) in the Southern District of California (3-15-cv-00150-LAB-NLS), alleging design patent infringement of U.S. D469,458 directed to an Eyeglass Front; U.S. D556,818 directed to Eyeglass Components; and U.S. D692,047 directed to an Eyeglass. The very next day, Oakley again asserted U.S. D692,047 in the Southern District of California (3-15-cv-00162-MMA-MMD), this time against Dang Shades, LLC (“Dang Shades”).

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By Colin B. Harris
| January 8, 2015
Riddell, Inc. (“Riddell”) filed a complaint against Rawlings Sporting Goods Company, Inc. (“Rawlings”) in the Northern District of Illinois alleging infringement of various patents related to sports equipment, including U.S. Pat. No. D603,100 to a Sports Helmet. Figures from the patent are provided below.
RiddellFig1RiddellFig4















The complaint alleges that the claimed design is infringed by Rawlings’ sports helmets, including at least the Tachyon, Impulse, Quantum, Momentum, and Force model name football helmets and the baseball helmets identified with S100, S90, S80, and S70 series name.
RawlingsQuantumRawlingsS90PA
    Rawlings Quantum                      Rawlings S90PA

The complaint did not include images of the allegedly infringing helmets. However, the Rawlings helmets above, which were found via an online search, appear to have the same names as those listed in the complaint.

Interestingly, the complaint alleges that Rawlings had knowledge of U.S. Pat. No. D603,100, for example, because it was cited on Rawlings’ U.S. Pat. No. D699,895.
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By Patrick Miller
| November 11, 2014
The U.S. Patent and Trademark Office (“USPTO”) recently updated its public and private Patent Application Information Retrieval (“PAIR”) graphical user interfaces to provide access to information regarding design applications filed pursuant to the Hague Agreement.  Such information will not be available, however, until entry into force of the Hague Agreement with respect to the U.S., which will occur three months after the U.S. deposits its instrument of ratification with the International Bureau of the World Intellectual Property Organization (“WIPO”), unless that instrument specifies a later date.

Generally speaking, the Hague Agreement establishes an international registration system which facilitates protection of industrial designs (i.e., design patents) in member countries and intergovernmental organizations (“Contracting Parties”) by way of a single, “standardized” international design application filed either directly with the International Bureau of WIPO or indirectly through an applicant’s Contracting Party.
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