November 17, 2017Leave a Comment on Did an iconic whiskey glass manufacturer lead to the demise of its own trade dress protection? Did an iconic whiskey glass manufacturer lead to the demise of its own trade dress protection? Glencairn filed a trademark infringement suit in against Plamazonx LLC, claiming Plamazonx’ sales of whiskey tasting glasses sold as “Del …
December 19, 2013Leave a Comment on Trade Dress or Design Patent? Why Not Both!? Trade Dress or Design Patent? Why Not Both!? Design patents are faster to acquire but they only have a 14 year lifespan for protection. Trade dress (distinctive, brand …
April 26, 2013Leave a Comment on Are Headphones a Fashion Accessory? Are Headphones a Fashion Accessory? Beats manufactures distinctive headphone products in which it claims trade dress and design patent protection. The protection afforded under patent …
April 25, 2013Leave a Comment on Spanx v. Yummie Tummie (a/k/a Sara Blakely v. Heather Thomson Schindler) Spanx v. Yummie Tummie (a/k/a Sara Blakely v. Heather Thomson Schindler) Yummie Tummie owns 7 design patents on its popular body shapewear. Yummie Tummie accused Spanx of patent infringement after seeing …
April 22, 2013Leave a Comment on A Case Study in Using a Utility Patent to Invalidate a Design Patent on the Same Article of Manufacture: Telebrands Corp v. Del Laboratories, Inc. A Case Study in Using a Utility Patent to Invalidate a Design Patent on the Same Article of Manufacture: Telebrands Corp v. Del Laboratories, Inc. A New York federal district court case highlights the importance of having a unified patent strategy, and coordination between the …
April 19, 2013Leave a Comment on Paris Hilton not Flattered by Imitation Paris Hilton not Flattered by Imitation Celebrity socialite Paris Hilton launched a line of fragrances and bath products in 2004. Last year, Perfume Palace unveiled its …
April 9, 2013Leave a Comment on Checklist to Determine Whether a Design Feature is Functional or Ornamental Checklist to Determine Whether a Design Feature is Functional or Ornamental In order to qualify for design patent protection, a claimed feature (or combination of features) must be primarily ornamental, not …
April 8, 2013Leave a Comment on Obviousness Test for Design Patents Obviousness Test for Design Patents In our previous article, we looked at how a patent professional performs an obviousness analysis and some potential arguments a …
April 1, 2013Leave a Comment on Fashion design patents are in vogue again Fashion design patents are in vogue again Clothing is often purchased just because of its unique design and look. Designers find new combinations of clothing elements each …
March 18, 2013Leave a Comment on Design Patents for Screen Icons or Images Design Patents for Screen Icons or Images Screen icons have tremendous branding power for companies. You undoubtedly know these: Smart phones, tablets and other touchscreen devices work …
