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This part is also weird. The scope of a design patent is what it is; you can't broaden it using words in your description of the drawings.
And there are no "equivalents" in design patent law, at least not in the Festo sense. There is just Egyptian Goddess.
For more on the Goddess test and how it works, see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471
11th Circ. rules in favor of MTV in the 'Floribama Shore' trademark infringement suit.
Court held that the “show's title was relevant to the content of the series as it refers to the geographic area and the southern, beach subculture the creators sought to portray.” And further noted that “the title is clearly not meant to reference the bar, which is located on the Florida-Alabama state line.”
https://www.courthousenews.com/11th-circuit-sides-with-floribama-shore-creators-in-trademark-battle/
This profile of Elvin Jones, one of my all-time favorite drummers, is worth reading.
https://drummagazine.com/the-magnificent-life-of-elvin-jones/
Columbia v. Seirus is going back to the Federal Circuit. Oral argument is scheduled for 1/12/23.
One big issue: What is the scope of the prior art for #EgyptianGoddess Step 2?
For more on the Goddess test and how it works, see this short piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471
For my on the proper scope of the prior art, see this (not so short) piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2714081
For the parties' briefs: https://www.scribd.com/document/611300069/Columbia-v-Seirus-Round-2
#DesignPatents #FederalCircuit #Litigation #LawFedi #ColumbiaVersusSeirus
Patagonia sues Gap for Trademark infringement.
Patagonia alleges that Gap copied its iconic pocket flap design: rectangular logo with a mountain silhouette above the pocket flap, introduced in 1989.
Patagonia claims that Gap’s actions “confuses shoppers into believing it made the jackets” or let Gap “use its trademarks.”
The similarities here are glaringly clear. But *ideas can’t be trademarked. So does this come down to the *idea of a pocket flap on the left side with a “mountain” logo?
Having now been on #Mastodon for 1 month, a few observations:
- Mastodon makes me realize how much the #Twitter algorithm maximized user outrage to boost engagement for profit. Gross. Here, my feed is interesting & supportive.
- There's a culture of kindness - at least so far. It's extremely appealing & should be normalized on & offline.
- Beyond reactions to toots, people share songs, poetry & ask great questions. I can't remember the last time I found social media to be fun.
“Kline had never before conducted a fitness hearing.’ Forty years later, he couldn’t remember the details of this one. But it wasn’t hard to imagine. Guy and Wright seemed like irresponsible teenagers from a bad neighborhood who had gotten their hands on a gun and done something terrible.”
—Jesse Barron for the New York Times
“The Judge and the Case That Came Back to Haunt Him”
https://tinyurl.com/yc3btde8
This is a great profile of author S.A. Cosby.
Even more, it offers insight on one writer’s pathway to published book author. A pathway where endurance and the “small breaks” ultimately add up to the “big break.”
“S.A. Cosby, a Writer of Violent Noirs, Claims the Rural South as His Own”
by Dwight Garner for the New York Times
Sarah Fackrell
Sharon Watters
Sheril Kirshenbaum
