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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.

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