@design_law@mastodon.social
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design_law

@design_law@mastodon.social

Art major turned law professor. Teaching #Patents, #DesignLaw & #CivPro at #SuffolkLaw.

Researching & writing about #DesignPatents. Currently thinking a lot about the #ScheduleA phenomenon.

Trying to make #PatentFedi happen.

Coauthor of Patent Law: An Open-Access Casebook https://patentlawcasebook.com/

When I'm not thinking about law, I'm usually studying languages (#español, #français & #svenska), reading novels, or watching Netflix.

#tfr

This profile is from a federated server and may be incomplete. Browse more on the original instance.

design_law, to random
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Okay, I'm going to try to listen in on this hearing: https://judiciary.house.gov/committee-activity/hearings/there-right-repair

We'll see how long I last.

design_law, to random
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One suggestion: If you want the fedi to be a welcoming place, don't jump in to someone's mentions to explain the fedi UNLESS explicitly asked to do so.

"But...."

But nothing. This place will survive a little technical misunderstanding or misstatement.

It will not survive newcomers being bombarded with endless fedisplaining.

design_law, to random
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PSA: If you see a woman respond to a troll, it is never--ever--helpful to respond to her with something along the lines of "just ignore them."

She's probably ignoring 100 (or more) for every 1 she chooses to respond to. She knows that the path of least resistance is to ignore the troll & move on. She doesn't need you to inform her of that option.

A response is a conscious decision. You are not helping when you criticize (because that's what this is) that decision.

design_law, (edited ) to random
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Judge Jenkins (who became an NDIL judge in February) sanctions against a plaintiff and its counsel in a case: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.409127/gov.uscourts.ilnd.409127.122.0.pdf

"[W]hile some attorneys seem to approach Schedule A cases in a 'cut-and-paste' style, their professional obligations apply with equal force as in any other litigation."

(h/t @chicagolawyer.bsky.social)

design_law, to Bloomscrolling
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Tell me something you love about the fedi.

I'll go first. I love the pics you all post under the hashtag.

design_law, to writing
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Friends, help me out with some wordsmithing?

I want to describe a situation where one side in a fight is put at an extreme disadvantage before the fight even begins.

How would you describe the act of putting one side at a severe disadvantage? The state of the disadvantaged party thereafter?

I don't want to use "handicap" or "handicapped." What are some good alternatives?

#Writing #AmWriting #LawFedi

design_law, to random
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Okay, it's time for the !

Let's see how long I can stand to listen in....

https://www.uspto.gov/about-us/events/roundtable-future-strategies-anti-counterfeiting-and-anti-piracy

design_law, to random
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Hey, fedi: What do you love about your instance?

design_law, to random
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Thanks to @sqfreak for pointing me towards this story about a Florida woman who was caught up in what appears to be a case:

https://www.wfla.com/8-on-your-side/better-call-behnken/pinellas-woman-who-sold-luke-combs-themed-tumblers-owes-country-star-250000-judge-rules/

"[S]he discovered an email in her junk email folder. It was the notice of the lawsuit in October from Comb’s attorney giving her 21 days to respond. She never got that chance and says she was in the hospital when the email was delivered to her junk mail folder and sent to an email address she says she rarely uses."

design_law, to random
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Okay, so I finally got a chance to read all the amicus briefs (so far) in

https://fedcircuitblog.com/en-banc/cases/lkq-corporation-v-gm-global-technology-operations-llc/

Here are some initial thoughts.

design_law, to movies
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Request for recommendations: What are three that would be fun to watch together? It doesn't have to be a formal trilogy (though I'd be interested in suggestions for trilogies from outside the U.S.). Could be variations on a theme, best works of a favorite director/actor, etc. Thanks in advance!

design_law, to academicchatter
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Any rhetoric profs or other experts out there?

I'm looking for something to cite for the proposition that what we call things/how we label things actually matters.

Are there authoritative basic treatises, articles, books I should be looking at?

Recommendations (including self-citations) most appreciated!

@academicchatter

design_law, to random
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Okay, friends: What are we watching, reading & listening to for fun this weekend?

design_law, to random
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Wang v. Schedule A - On the bright side, this plaintiff actually included some pictures of the accused handbags in their TRO brief:

https://www.scribd.com/document/702909859/Wang-v-Schedule-A-TRO-Brief

But those pictures showed three accused product that do not infringe. The court granted the TRO anyway.

another (non-infringing) accused bag from the brief
another (non-infringing) accused bag from the brief

design_law, to random
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Okay, help me out, friends?

I'm looking for a good example or two for my paper of a design patent that just claims a small, insignificant fragment or component of an overall design.

No design patent expertise required. I just want to know which of these, if any, make you think: "What the...?!?"

Here are some options. What do you think? The battery? Plug? Pitcher? Bag?

Remember: The claim only covers the parts NOT shown in broken lines. Details about the relevant articles are in the alt text.

Figure 1 from D841,595, which claims just the tip of an Apple Lightning plug, not including the pins
Fig. 1 from D821,142, which claims a design for just the lip of a Vitamix pitcher
Fig. 1 from D838,605, which claims the design for just a handle and part of the top edge of an Apple Store bag

design_law, to random
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This. This is why I stopped posting over there:

"People don’t come to Twitter for its far-right hate content. Nor do the advertisers come to market to them....The fact of the matter is, people come to Twitter for news, culture, discussions. By staying, you don’t hold any ground, you maintain the viability of a platform hell-bent on promoting far-right ideology. So long as there’s content other than hate, people will have a reason to stay."

https://throwawayopinions.io/the-paradox-of-intolerance.html

design_law, to random
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No, Google Translate, I absolutely did not.

(By the way, this is a super troubling sign of degradation in this otherwise valuable tool.)

design_law, to random
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Okay, back for panel 5 of the , featuring @ericgoldman and @alisternburg

design_law, to random
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Well, it's been a week. What are you watching, reading, and listening to to decompress, friends?

design_law, to random
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Happy weekend, friends? What are you reading, listening to, and watching for fun?

design_law, to UIDesign
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I know there are a lot of tech-savvy people in the fedi. Help me out?

What do you think of the USPTO's assertion that an icon or a GUI "an integral and active component in the operation of a COMPUTER"?

See
https://www.federalregister.gov/public-inspection/2023-25473/guidance-examination-of-design-patent-applications-related-to-computer-generated-electronic-images?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

Would it be more accurate to say that an icon or a GUI "an integral and active component in the operation of a certain piece of SOFTWARE"?

Is this a distinction without a difference?

design_law, to random
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"Mastodon is far from perfect. But I only have so many hours in the day, and only so many days left in my life. I would much rather spend those precious hours making a open service better than using a temporarily superior closed one. I have seen that movie. I know how it ends."

https://doctorow.medium.com/fool-me-twice-we-dont-get-fooled-again-20074e311f1f

design_law, to random
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It looks like all of the comments on the 's latest request for comments about the have been publicly posted.

There are nine total.

https://www.regulations.gov/document/PTO-C-2023-0010-0001/comment

design_law, to random
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Concept fallacy, hanging hooks edition: https://www.scribd.com/document/695064350/Jacki-Easlick-v-CJ-Emerald-Complaint

design_law, to random
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Thousand Oaks Barrel (aka TOB) files new case, with new counsel, in EDVA:

https://www.scribd.com/document/685193422/Thousand-Oaks-Barrel-v-Schedule-A-EDVA-Complaint

(h/t @sqfreak)

This time, they assert utility patent & (unregistered) trade dress infringement.

Unlike in the NDIL case, Thousand Oaks Barrel does not hide its own name OR the patent numbers.

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