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Trade Dress Protection — utility vs design patent strategy

Started by newbie_contractor_FL · Aug 25, 2025 · 465 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NC
newbie_contractor_FL OP

Has anyone dealt with something like this? I'm not sure what my options are.

utility vs design patent strategy. I've been dealing with this for about 5 months now and the situation isn't improving.

I have already done some research online but did not get a clear answer.

What's the typical outcome in situations like this?

CB
confused_buyer_legal

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

HM
help_me_contractor_2022

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

TL
Mod_TermsLaw Moderator

Attorney here. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably the relevant statute, which requires showing actionable.

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

NH
need_help_buyer_2024

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.

RL
RetiredLawyer_FL

Been there. Here's what I learned.

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

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