Category: Design Patent
ND IL Case Brief: Section 299 of the Patent Act and “DOE” Complaints. Patent Holder Identified in Exhibit 1 v. Does 1-254, as Identified in Exhibit 2, 2021 WL 410661. (NDIL) 2/6/2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Regd. Patent Atty 56731)
Is Judge Kennelly addressing another patent plaintiff or the same plaintiff as earlier this month? The issue of Section 299 of the patent act is that a plaintiff can only lop together infringers if the action presents questions of fact common to them all. The particular issue in this case is a design patent. Most […]
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Chicago Case Brief: Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 308882 (1/30/2021) by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Reg. No. 56,731)
Hats off to Judge Kennelly on his review of the differences of approach when going after a group of online infringers using either the trademark laws versus the patent laws. In this case, Oakley sought to go after various infringers of various design patents drawn with regard to its eyewear. Typically, a party basing its […]
read moreShow me the Money! Protection of Trade Dress. By James Michael Faier, M.P.P., M.B.A., J.D.(U.S. Patent and Trademark Office Regn. No. 56,731)
Protection of Trade Dress is a crucial part of IP protection for the sellers of goods. Over my 30-years I have litigated trademark diversion where a junior user was seeking to more customers from senior user to junior user by selling goods in packaging that imitated the senior user. I have also seen junior users […]
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U.S. Design Patent better than U.S. Trademark Registration for protecting new designs. By James Michael Faier, M.P.P., M.B.A., J.D. Registered Patent Attorney (USPTO 56,731)
Design patent for product design protect – better than trademark! For new products and new packages, I assert that design patent is a better approach than trademark. Several reasons. Design patent enforcement standard for infringement is whether and “ordinary person” where to think that the defendant’s design was infringing of the plaintiff’s design. In trademark […]
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