This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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. In declaratory judgment litigation, the positions are reversed.
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 designpatent infringement. Of course, patent owners have always had the option of sending cease-and-desist letters.
If your product has unique aesthetic features that are nonfunctional, file a designpatent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and designpatents. See utility patent costs here and designpatent costs here.
Finally, there are several inexpensive alternatives to trademark litigation. In certain circumstances, a cease-and-desist letter may accomplish your objectives. In other words, the accused infringer may try to force you litigate in their home state if they sense that you will sue them in your preferred location.
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?
Designpatent filing – U.S. and abroad: If you have a character with a distinctive shape, consider filing for designpatents to give you a broader IP portfolio to enforce. Infringement litigation: Engage litigation counsel to act decisively and recover damages for egregious infringers by using the court system.
Later that year, the plaintiff had terminated the distributor agreement, informed the defendant of its extant rights, and also issued a cease-and-desist notice. The plaintiff claimed that the cause of action arose multiple times, beginning in July/August 2022 when it first became aware of the alleged infringement.
Has your patent attorney advised you of options to expedite your designpatent or speed up your utility patent ? At a minimum, does your patent lawyer send a short reply to schedule a mutually available time for a longer call? Does the new patent attorney have litigation experience?
Patent and Trademark Office recognized that this distinctive glass store design sets Apple stores apart from other retail establishments. To comprehensively protect its store designs, Apple has also secured designpatents for the glass panels of the building and the staircase design. In 2007, Apple Inc.
There are different types of patents that startups can apply for depending on their invention: Utility patents: These are the most common types of patents and cover new processes, machines, compositions of matter (such as chemical compounds), or improvements to existing ones.
As the Patent Act does for designpatent infringement, the Lanham Act allows for disgorgement of profits as a remedy for trademark infringement. ” DG and Dewberry Engineers had previously litigated trademark infringement claims against each other back in the 2006-2007. ” 15 U.S.C.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content