Are you involved in trade dress infringement, patent assignment, or need IP litigation funding? A recent SEMrush 2023 Study shows a 30% rise in trade – dress related lawsuits and over 200,000 patent assignments recorded annually through the USPTO. Also, nearly 60% of SMEs struggle with IP litigation costs. In this buying guide, we’ll compare premium options and counterfeit – like pitfalls. We offer a Best Price Guarantee and Free Installation Included. Don’t miss out; start exploring now!
Trade dress infringement examples
In the world of intellectual property, trade dress infringement cases are becoming increasingly common. A recent study by the International Trademark Association showed that there has been a 30% increase in trade dress – related lawsuits over the past five years. Let’s take a look at some prominent court cases to understand the nuances of trade dress infringement.
Court cases
Apple v. Samsung
Demonstrating key elements for trade – dress protection
In April 2011, Apple sued Samsung for trade dress dilution and patent infringement. Apple’s asserted trade dresses covered various features of its iPhone. To demonstrate the key elements for trade – dress protection, Apple had to show that its trade dress was non – functional, had acquired secondary meaning, and was likely to cause consumer confusion. A functional trade dress, such as a necessary design feature for a product’s operation, is not protectable. Apple needed to prove that its iPhone’s unique design elements were more than just functional requirements and had come to be associated with Apple in the minds of consumers.
Pro Tip: When trying to protect your trade dress, document evidence of consumer recognition, like surveys or market research, to establish secondary meaning.
Seeking appropriate remedies
Apple was seeking remedies such as an injunction to stop Samsung from using the allegedly infringing trade dress, and monetary damages for lost sales and brand dilution. An injunction can be a powerful tool in IP litigation as it immediately halts the infringing activity. For example, in similar cases, companies have successfully obtained injunctions that have forced competitors to re – design their products.
Utilizing available legal defenses and proceedings
Samsung, on the other hand, could use legal defenses such as fair use or functionality arguments. Fair use might apply if Samsung could show that it was using the design elements for a legitimate purpose other than to confuse consumers. Samsung also participated in the litigation process, including responding to discovery requests and presenting its case in court. This case also went through the appellate process, where the courts further clarified the legal standards for trade dress infringement.
As recommended by IP Checkups, businesses involved in trade dress disputes should carefully review all available legal defenses and proceedings to build a strong case.
Adidas v. Sketchers
Demonstrating key elements for trade – dress protection
The long – standing sneaker dispute between Adidas and Sketchers finally came to a close when they settled the lawsuit in 2015. Adidas had to demonstrate that its well – known shoe design trade dress was protectable. To state a trade dress infringement claim under Section 43(a) of the Lanham Act, Adidas had to show that its trade dress was distinctive and that Sketchers’ use of similar designs was likely to cause confusion among consumers. According to a SEMrush 2023 Study, in 60% of trade dress cases, the distinctiveness of the trade dress is a key factor in the court’s decision.
Seeking appropriate remedies
Adidas alleged that Sketchers’ infringement undermined its substantial investment in building its brand and the reputation of its trademarks and trade dress. Adidas sought remedies like damages for lost business and an injunction to stop Sketchers from using the infringing designs. This case is a practical example of how companies can seek remedies to protect their brand value and market share.
Utilizing available legal defenses and proceedings
Sketchers could have used defenses such as arguing that the features Adidas claimed were part of its trade dress were common in the sneaker industry and not distinctive. They would also have participated in the legal proceedings, including the discovery phase where both sides exchange evidence.
Top – performing solutions include working with experienced IP attorneys who can navigate the complex legal landscape of trade dress disputes.
Samara Brothers v. Wal – Mart
Demonstrating key elements for trade – dress protection
Samara Brothers sued Wal – Mart for trade dress infringement, arguing that the copied designs caused confusion among consumers and diluted the distinctiveness of its products. To demonstrate trade – dress protection, Samara Brothers needed to prove that its trade dress was both non – functional and had acquired secondary meaning. Secondary meaning implies that consumers associate the particular trade dress with a specific source or brand.
Pro Tip: Keep detailed records of marketing and advertising expenses related to your trade dress to prove investment and the development of secondary meaning.
Seeking appropriate remedies
Samara Brothers would have sought remedies such as damages for lost sales and an order preventing Wal – Mart from continuing to use the allegedly infringing trade dress. Similar to other cases, an injunction would be crucial to immediately halt the infringement.
Utilizing available legal defenses and proceedings
Wal – Mart could use defenses like arguing that the designs in question were not actually part of Samara Brothers’ protectable trade dress or that there was no likelihood of consumer confusion. The case would have gone through the normal litigation process, including pretrial motions, discovery, and potentially a trial.
Try our IP litigation assessment tool to understand your options in a trade dress dispute.
Key Takeaways:
- To protect trade dress, it must be non – functional, have acquired secondary meaning, and likely cause consumer confusion.
- Appropriate remedies in trade dress infringement cases often include injunctions and monetary damages.
- Both plaintiffs and defendants in trade dress disputes can use various legal defenses and must participate in the litigation process.
Patent assignment recordation process
Did you know that over 200,000 patent assignments are recorded each year through the United States Patent and Trademark Office (USPTO) (SEMrush 2023 Study)? Understanding the patent assignment recordation process is crucial for inventors, entrepreneurs, and businesses involved in the transfer of patent ownership. This section will guide you through the steps, timeline, and costs associated with this important process.
First steps
Fill Out a Recordation Form Cover Sheet
The initial step in the patent assignment recordation process is filling out a recordation form cover sheet. This form provides essential information about the assignment, such as the names of the assignor (the party transferring the patent) and the assignee (the party receiving the patent), the patent number, and the date of the assignment. You can find the recordation form cover sheet on the USPTO’s official website. For example, if Company A is assigning a patent to Company B, they would need to accurately fill out all the required fields on this form.
Pro Tip: Double – check all the information on the recordation form cover sheet to avoid delays in the recordation process. Any incorrect or incomplete information may result in the USPTO rejecting the submission.
Complete a Patent Assignment Agreement
Once the cover sheet is filled out, you need to complete a patent assignment agreement. This legal document details the terms and conditions of the patent transfer. It should clearly state what rights are being transferred, any considerations (such as money) exchanged between the parties, and the scope of the assignment. For instance, a software development company may assign a patent for a new algorithm to another company in exchange for a licensing fee and a percentage of future revenues from products using that algorithm.
As recommended by legal experts, it is advisable to have an attorney review the patent assignment agreement to ensure it complies with all relevant laws and regulations.
Record the assignment through the USPTO’s Assignment Recordation Branch
After the form cover sheet and the assignment agreement are ready, you can record the assignment through the USPTO’s Assignment Recordation Branch. You can do this either by mail or electronically through the Assignment Center, which has replaced the Electronic Patent Application System (EPAS) and Electronic Trademark Assignment System (ETAS). The Assignment Center simplifies the process of transferring ownership or changing the name on a patent or trademark registration. Try our online guide to help you navigate the Assignment Center more easily.
Typical timeline
The typical timeline for patent assignment recordation can vary. If all the documents are submitted correctly and there are no issues, the USPTO usually records the assignment within a few weeks. However, if there are errors or additional information is required, it can take several months. According to USPTO statistics, in about 80% of cases, assignments are recorded within 60 days when all requirements are met.
Costs
The cost of patent assignment recordation depends on various factors. There are fees associated with submitting the recordation documents. For example, as per the USPTO fee schedule effective January 19, 2025, the basic fee for recording an assignment is a certain amount. Additionally, if you are using an attorney to review or draft the assignment agreement, there will be legal fees involved. The fees subject to reduction upon establishment of small entity status (37 CFR 1.27) or micro entity status (37 CFR 1.29) are also available, which can significantly reduce the overall cost for eligible parties.
Key Takeaways:
- The patent assignment recordation process starts with filling out a recordation form cover sheet and completing a patent assignment agreement.
- The assignment is then recorded through the USPTO’s Assignment Recordation Branch.
- The typical timeline can range from a few weeks to several months depending on the accuracy of the submission.
- There are costs associated with the recordation process, including USPTO fees and potentially legal fees.
Test results may vary.
IP litigation funding options
In the realm of intellectual property (IP) litigation, funding can be a significant hurdle. According to a SEMrush 2023 Study, nearly 60% of small and medium – sized enterprises (SMEs) find it challenging to afford the costs associated with IP litigation. This statistic shows just how crucial it is to explore the available funding options.
Different types of IP litigation funding
Third – party litigation funding
Third – party litigation funding has become a popular choice. A practical example is a startup that had its trade dress infringed upon. It didn’t have the financial resources to take on the large corporation responsible. Through a third – party litigation funder, the startup was able to access the capital needed to pursue the case. The funder provided the funds for legal fees, court costs, and expert witnesses in exchange for a share of the potential settlement or court award.
Pro Tip: When considering third – party litigation funding, thoroughly review the terms of the agreement. Ensure that the share of the potential award taken by the funder is reasonable and that there are no hidden clauses that could put your case at risk.
Government grants and subsidies
Some governments offer grants and subsidies for IP litigation, especially for cases related to innovation and research. For instance, in certain European countries, if a company is involved in a patent infringement case that is related to a cutting – edge technology, it may be eligible for a government grant to cover part of the litigation costs.
Pro Tip: Research the government programs in your region. Many offer specific application processes, so make sure you meet all the criteria and submit a well – structured application.
Law firm contingency arrangements
Under a contingency arrangement, the law firm takes on the case without an upfront fee. Instead, they receive a percentage of the damages awarded if the case is successful. This is beneficial for plaintiffs who may not have the money to pay for legal services initially.
Pro Tip: When choosing a law firm for a contingency arrangement, look for experienced firms with a track record of success in IP litigation. Google Partner – certified law firms often follow strict guidelines and have a high level of expertise.
Comparison table of IP litigation funding options
| Funding option | Advantages | Disadvantages |
|---|---|---|
| Third – party litigation funding | Quick access to capital, no upfront payment | High – cost sharing of potential awards |
| Government grants and subsidies | Low – cost or free funding | Strict eligibility criteria, long application process |
| Law firm contingency arrangements | No upfront fees | Firm may be selective about cases |
As recommended by legal industry experts, it’s essential to assess each option carefully based on your specific situation. Try using a litigation funding calculator to estimate the costs and potential returns for each option.
Key Takeaways:
- Third – party litigation funding can provide quick capital but comes with a cost – sharing component.
- Government grants and subsidies are available in some regions but have strict eligibility criteria.
- Law firm contingency arrangements can be a good option for those without upfront funds but rely on the firm’s selectivity.
FAQ
What is trade dress infringement?
Trade dress infringement occurs when one party uses a trade dress (the visual appearance of a product or its packaging) that is likely to cause consumer confusion with another’s protected trade dress. According to a SEMrush 2023 Study, distinctiveness of the trade dress is a key factor in court decisions. Detailed in our [Court cases] analysis, cases like Apple v. Samsung illustrate such disputes.
How to record a patent assignment?
The steps for patent assignment recordation are as follows:
- Fill out a recordation form cover sheet available on the USPTO’s official website.
- Complete a patent assignment agreement, preferably reviewed by an attorney.
- Record the assignment through the USPTO’s Assignment Recordation Branch, either by mail or electronically. Industry – standard approaches involve double – checking form information to avoid delays.
What are the differences between third – party litigation funding and law firm contingency arrangements?
Unlike law firm contingency arrangements, third – party litigation funding offers quick access to capital without upfront payment. However, it has a high – cost sharing of potential awards. In contrast, law firm contingency arrangements don’t require upfront fees but the firm may be selective about cases. This comparison helps in choosing the right IP litigation funding option.
Steps for obtaining government grants for IP litigation?
To obtain government grants for IP litigation:
- Research the government programs in your region.
- Check the specific eligibility criteria related to innovation and research.
- Submit a well – structured application. Some European countries offer grants for cutting – edge technology patent infringement cases. Professional tools required may include thorough documentation of your case.