Members-only forum — Email to join

Trade Dress Protection — utility vs design patent strategy

Started by frustrated_renter_GA · Jan 2, 2023 · 3,129 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FR
frustrated_renter_GA OP

Looking for advice on a legal issue. Here's what happened.

utility vs design patent strategy. I've been dealing with this for about 14 months now and the situation isn't improving.

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

Am I overthinking this or is this a real legal issue worth pursuing?

TL
Mod_TermsLaw Moderator

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

The legal framework here involves both federal and state law. At the federal level, the relevant statute. Your state may provide additional protections.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

AC
anon_contractor_legal

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.

FR
frustrated_renter_legal

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

GL
GigWorker_LA

I've dealt with this before.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

Want to participate in this discussion?

Email owner@terms.law to request access