industrial designs

November 20, 2018
Due care

USMCA, the new NAFTA: what changes we can expect in Canadian IP Law

USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
April 18, 2017

SCOTUS affirms that design features incorporated into clothing may be eligible for copyright protection

580 U. S. (2017) - SCOTUS affirmed a lower court's decision that designs in the cheerleading uniforms designed, made and sold by Varsity were copyrightable material under section 101 of the Copyright Act of 1976.
January 5, 2017

Industrial Design Registration for Helmet Face Shield Deemed Valid But Not Infringed

2016 FC 435 - In this industrial design case, the FC commented that the more crowded the field, the smaller the degree of difference required to evade the protection afforded by existing registrations.
February 10, 2016

FCA Upholds Claim-by-Claim Construction and Test for Functionality in Industrial Designs

2015 FCA 115 - The FCA restated the law on functionality of industrial designs and the requirement that patent claims be construed on a claim-by-claim basis.