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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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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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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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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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PUMA Sues Competitor for Alleged Trademark and Patent Infringement

Indiana Intellectual Property Law

PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283.

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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.

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Top 3 Ways to Defend Patent Infringement Claims

Patent Trademark Blog

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?