Glencairn filed a trademark infringement suit in against Plamazonx LLC, claiming Plamazonx’ sales of whiskey tasting glasses sold as “Del …
Tag: design patent
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …