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Ex parte Pearson

29021122 (B.P.A.I. Feb. 19, 1998)
Ex parte Pearson

6 Cited authorities

  1. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

    489 U.S. 141 (1989)   Cited 576 times   16 Legal Analyses
    Holding that a state law prohibiting people from copying unpatentable boat hull designs was preempted because it sought to provide patent-like protection to boat designs not protectable by patent laws and it "contravenes the ultimate goal of public disclosure and use that is the centerpiece of federal patent policy"

  2. L.A. GEAR, INC. v. THOM McAN SHOE CO

    988 F.2d 1117 (Fed. Cir. 1993)   Cited 216 times   11 Legal Analyses
    Holding that defendant's trade dress was not likely to be confused with that of plaintiff because of conspicuous placement on accused dress of defendant's identifying marks

  3. L. A. Gear, Inc. v. Thom McAn Shoe Co.

    510 U.S. 908 (1993)   Cited 57 times

    No. 93-63. October 4, 1993, October TERM, 1993. C.A. Fed. Cir. Motions of International Trademark Association

  4. Berry Sterling v. Pescor Plast., Inc.

    122 F.3d 1452 (Fed. Cir. 1997)   Cited 33 times   1 Legal Analyses
    Noting that in determining whether a design is functional, considerations include "whether there are any concomitant utility patents" and "whether the advertising touts particular features of the design as having specific utility."

  5. Application of Carletti

    328 F.2d 1020 (C.C.P.A. 1964)   Cited 17 times   2 Legal Analyses
    Determining whether the appearance is "directed by" the use of the article

  6. Section 171 - Patents for designs

    35 U.S.C. § 171   Cited 333 times   70 Legal Analyses
    Protecting "any new, original and ornamental design for an article of manufacture ...."