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Trade Dress Protection — utility vs design patent strategy

Started by frustrated_trader_CO · Aug 21, 2024 · 1,328 views · 1 reply
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FT
frustrated_trader_CO OP

I'm in a difficult situation and trying to figure out my next steps.

utility vs design patent strategy. I've been dealing with this for about 6 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but the other party is not cooperating.

Do I have a strong case? What should my next steps be?

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

GCW
GreenCard_Wait

Quick update on my situation: filed a complaint with the state attorney general's office and got a response within 10 days. They opened an investigation and the company suddenly became very cooperative. Sometimes regulatory pressure works faster than litigation.

PIQ
PersonalInjury_Q

Really appreciate the detailed breakdown in this thread. One additional resource: the CFPB (Consumer Financial Protection Bureau) complaint database is public. You can search for complaints against specific companies to see if others have had similar issues and how they were resolved.