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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc....more
The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more
Edited by Catherine Holland What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry since design...more
On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more
The old adage may hold that imitation is the sincerest form of flattery, but fashion designers are understandably dismayed when perfect replicas of their creative apparel are sold at deep discounts to lower-end markets soon...more
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more
In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more