Members-only forum — Email to join

Trade Dress Protection — utility vs design patent strategy

Started by just_curious_dev_advice · May 26, 2025 · 1,068 views · 12 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
JC
just_curious_dev_advice 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 3 months now and the situation isn't improving.

I have already done some research online but got conflicting advice.

What are the risks if I pursue this? What's the likely timeline?

TL
Mod_TermsLaw Moderator

Attorney here. 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.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

JC
just_curious_freelancer_OH

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

FD
frustrated_driver_2025

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.

SA
seeking_advice_contractor_GA

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

FB
frustrated_buyer_FL

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

DN
DataPrivacy_Nerd

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

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

AB
AgentBroker_TX

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

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

CA
CorpCounsel_Amy

Not a lawyer, but I have direct experience with this.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

NH
need_help_investor_NC

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

RM
RestaurantOwner_Miami

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

In my case, it took about 3-6 months to resolve. The key was having everything documented.

FT
first_time_homeowner_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.

CT
CryptoTrader_2023

I went through almost the exact same thing.

What worked for me was having everything documented. It took 3-6 months but was worth it.

Want to participate in this discussion?

Email owner@terms.law to request access