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2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs designpatents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.
As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. DesignPatent No. 13, 2015, which was the designpatent asserted in the matter noted above. DesignPatent No. Annotated versions of Figure 1 of U.S.
. & Another , dismissed a patents and designs infringement suit for failing to comply with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015. A technical expert had also confirmed the alleged infringement in December 2023.
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