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Trade Dress Protection — utility vs design patent strategy

Started by asking_for_friend_investor_IL · Oct 22, 2024 · 2,361 views · 13 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AF
asking_for_friend_investor_IL OP

I've been trying to resolve this on my own but I'm stuck.

utility vs design patent strategy. I've been dealing with this for about 13 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but got conflicting advice.

What's the typical outcome in situations like this?

JC
just_curious_tenant_NY

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

JC
just_curious_investor_FL

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

NH
need_help_investor_CO

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

OD
OpenSourceLawyer_Dan

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the relevant statute years for this type of claim.

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

PB
PatentAgent_Boston

I've seen this play out several times in my field.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

DS
DevOps_Seattle

Been there. Here's what I learned.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

TB
throwaway_business_owner_TX

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

AF
asking_for_friend_creator_CA

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

ES
eComm_Seller_2022

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

FT
first_time_trader_CA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

LT
LandlordTom_TX

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

AF
asking_for_friend_buyer_legal

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

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