Joel E. Tragesser

Protecting the Product Blog Feed

https://www.designrightsblog.com/

Protecting the Product™ is a Quarles & Brady LLP blog that highlights issues currently affecting the design rights legal field. The blog discusses and delivers analysis on relevant court decisions and domestic and international news and developments involving design patents, trade dress, design-related trademarks and copyrights, and other developments in design-related thinking and product and brand protection.

Recent Blog Posts

  • As highlighted by a recent decision of the United States District Court for the Southern District of New York[1], a party’s failure to properly mark its products with its issued U.S. patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer.  As further explained below, companies should thus very seriously consider the inclusion of patent markings on... More
  • While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. Those who develop or license fonts will benefit from the following summary of the available protections for the visual appearance of typefaces and fonts, which includes novel “emoji” sets. In recent years, House Industries, a font foundry, has made copyright infringement accusations against Michaels Stores, Inc. and NBCUniversal Media, LLC relating to... More
  • This article supplements our previous post with updated 2021 data. U.S. design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2021 was still greater than the number of U.S. design patents that issued in each year between 2012-2018, and was more than 50% greater... More
  • Protecting the Product’s Editor-in-Chief James Aquilina and regular contributor Joseph Ambrose will each teach sessions at the American Intellectual Property Law Association’s “Design Rights Boot Camp” on June 23-24, 2022, in Arlington, Virginia. AIPLA’s Design Rights Boot Camp is a first-of-its-kind, two-day, comprehensive CLE program designed for both new and experienced IP practitioners who wish to learn about protecting and enforcing designs via all available areas of IP, including design patents, copyrights, and trade dress. A two-track program includes parallel class... More
  • China’s Copyright Law protects “works of literature, art, natural science, social science, engineering technology and the like which are expressed in the following forms: (1) written works; (2) oral works; (3) musical, dramatic, theatrical, choreographic and acrobatic artworks; (4) works of the fine arts and architecture; (5) pictorial and photographic works; (6) audiovisual works; (7) graphic works such as drawings of engineering designs, product designs, maps and sketches, etc.; (8) computer software; and (9) other intellectual achievements conforming to the... More
  • Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. consumers and practitioners as “trade dress.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China... More
  • Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. Given the breadth of the asserted design patents, these cases potentially raise issues of first impression related to claim construction, infringement, and functionality. Two plaintiffs[1] asserted the animated GUI design patents referenced above.  On March 8, 2022, Fintech Innovations... More
  • A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. In Junker, the Federal Circuit reversed a decision by the Eastern District of Pennsylvania U.S. district court granting summary judgement of no invalidity under the “on-sale bar” of 35 U.S.C. § 102(b) (Pre-AIA),... More
  • According to the recently-published 2021 US Design Patent Toteboard, Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. For questions about this article or on how to... More
  • The U.S. District Court for the Northern District of California recently determined that the owner of the iconic Dr. Martens trade dress—a famous design that has been used for more than three decades—was entitled to a permanent injunction against ITX USA for its use of footwear designs that are similar to the overall visual impression of the Dr. Martens trade dress. Dr. Martens footwear, frequently referred to as “Docs,” has been manufactured and marketed by AirWair International, a wholly-owned subsidiary of... More
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