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Cease-and-Desist Letter: How to Use It Effectively or Reply

Patent Trademark Blog

Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Perhaps you might want to send them a C&D letter to get them to respect your patents. Need an effective strategy for responding to cease-and-desist letter?

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Athletic Fashion Dispute in Race to Courthouse

JD Supra Law

Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won the "race to the courthouse" in response to a cease and desist letter from Lululemon's counsel. By: Spilman Thomas & Battle, PLLC

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Utility Patent Infringement: The Most Important Things to Know

Patent Trademark Blog

You cannot simply compare the visual appearance of a product to the patent drawings and conclude that there is infringement because they all look similar. We are not talking about design patent infringement. Of course, patent owners have always had the option of sending cease-and-desist letters.

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Registering Product Design and the Functional Limitation

Patently-O

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 design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

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PUMA Sues Competitor for Alleged Trademark and Patent Infringement

Indiana Intellectual Property Law

Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283. The parties were unable to reach a settlement.

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How to Use Patents to Increase Sales

Patent Trademark Blog

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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Understanding Patent Evaluation Reports in China

LexBlog IP

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers.