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) 11:17, December 7, 2020

Date: December 2020

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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Copyrights – Show me the money! Don’t screw this up! (1) You must register a claim of copyright to enforce it. (2) Your claim must pre-date the infringement if you want statutory damages or attorney fees. By James Michael Faier, M.P.P., M.B.A., J.D. Registered Patent Attorney 56,731.

Copyright done right.  Copyright is a cost effective part of every company’s IP protection.  Here are important rules to remember.  Copyright is not automatic in a legal sense.  If you do not register your claim of copyright, then you cannot enforce a claim of copyright.  Time and time again I get calls from businesspeople claiming […]

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