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Content provided by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.
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Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason. EP152

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Manage episode 472646247 series 1940330
Content provided by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

You cannot get a design patent or a trademark registered for something that is considered "functional" -- but here's the tricky part: what counts as "functional" depends on whether you're talking about trademark law or patent law. Kason Industries Inc. recently learned this the hard way when it was denied trademark registration, but received a design patent for its same metal leg product. Learn why the difference in the definition of "functional" can make your break your ability to get a trademark registered or a design patent issued.

Connect with Adam Diament

E-mail:

[email protected]

Website:

https://www.nolanheimann.com/legal-team/adam-diament

Phone/Text:

(424)281-0162

YouTube:

https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw

Instagram:

https://www.instagram.com/trademarkpatentlaw/

LinkedIn:

https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/

Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

  continue reading

161 episodes

Artwork
iconShare
 
Manage episode 472646247 series 1940330
Content provided by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Adam Diament, Adam L. Diament, J.D., and Ph.D.: Registered Patent Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

You cannot get a design patent or a trademark registered for something that is considered "functional" -- but here's the tricky part: what counts as "functional" depends on whether you're talking about trademark law or patent law. Kason Industries Inc. recently learned this the hard way when it was denied trademark registration, but received a design patent for its same metal leg product. Learn why the difference in the definition of "functional" can make your break your ability to get a trademark registered or a design patent issued.

Connect with Adam Diament

E-mail:

[email protected]

Website:

https://www.nolanheimann.com/legal-team/adam-diament

Phone/Text:

(424)281-0162

YouTube:

https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw

Instagram:

https://www.instagram.com/trademarkpatentlaw/

LinkedIn:

https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/

Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

  continue reading

161 episodes

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