Both design patents and trade dress have one unfortunate thing in common: functionality of the design can be a killer.
You cannot protect a
Trade Dress is a type of trademark that protects the overall look and feel of a product or its packaging. It’s the brand’s persistent visual
Here’s a Petrifying Patent Fact: For protecting a product, most people only think of utility patents, which protect how something works. But there’s also a
How do you protect how your product looks? Today we’re tackling the Two-Headed Monster of Design IP: design patents and trade dress trademarks. This is
Trademark genericide is a real-life horror story! What happens when your brand is too good? It dies of success!
Genericide is the legal process
Trademark Ornamental Use is Decoration, Not a Brand: If you print a catchy phrase (like “STAY CREEPY”) or a large design prominently across the front
Unlike patents, trademarks can live forever. Patents die after about 20 years. Trademarks can last forever, provided you keep using them and file the necessary
Trademarks aren’t limited to the words connected with a brand. Visual elements like logos, packaging, and unique shapes like a Coca-Cola bottle, can be trademarks,
Just because someone else has your name doesn’t necessarily mean you’re doomed! Trademark protection is categorized by goods and services (Classes). That’s how you can
Today we’re talking about Trademark Tales of Terror: specifically, how to stop a competitor from committing a trademark chainsaw massacre on your brand identity.
The scariest part of a patent to would-be infringers isn’t the drawing; it’s the claims section. The claims are the numbered sentences at the end
The original Ouija board patent expired in 1908, and the claims to the invention, a letter board, a planchette, and the way they worked together,
This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.