Show 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) 10:16, January 11, 2021

Category: Design Patent

Show 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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