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Design Research has been conducting research in support of trade dress and design patent disputes.
Trade Dress is the visual appearance of a product or its packaging. These disputes often arise where the appearance of a party’s packaging is designed to imitate another party’s packaging, or to confuse consumers into purchasing one product under the belief that it is another. Parties to these disputes usually seek to have the other party’s packaging changed or discontinued.
Design and Utility Patents protect the ornamental design and function of the product itself. These disputes arise where one party’s product is similar in design or operation to another party’s. These disputes are especially acute where design is a distinguishing factor of the product. Any product having an ornamental design can be subject to such a dispute including wallpaper, linens, dinnerware, stemware, flatware, furniture and flooring.
Research that finds consumer confusion over a product’s packaging, design or function can be persuasive evidence that a trade dress or patent infringement has occurred. Using our proprietary design testing techniques we can help your attorney to demonstrate infringement. Contact us today for more information.