The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating into those profits. 

In this post, we will address how design patents and trade dress can be employed to provide protection for various beauty-related tools and products.Continue Reading Protecting the Product: Beauty Products

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings. This new rule does not impact those already registered to practice any patent matters before the USPTO. The USPTO, with this rule amendment, will now recognize applicants to the design patent bar that have degrees in any of industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, art teacher education, or a degree equivalent to one of the listed degrees. This list of educational backgrounds matches those sought out by the USPTO to fill out the ranks of the design patent examination corps.Continue Reading New USPTO Design Patent “Bar” to be Created in 2024

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters.

There was a range of programming at Design Day, including remarks from Derrick Brent

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “… a three dimensional configuration of two ridges located along the center of a safety helmet….”Continue Reading Safety Helmet Product Configuration Trademark Registrations Demolished by Lack of Evidence of Acquired Distinctiveness

Save the Date to Attend the 16th Annual USPTO Design Day

The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

Registration will be made available in April 2023, and we will share the sign-up link with our blog readers at that time.  Quarles’ design patent attorneys have spoken at previous Design Days and will once again be in attendance at this year’s event.Continue Reading SAVE THE DATE – 16th Annual USPTO Design Day Announced for May 4, 2023

In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. Skull Shaver LLC. v. IdeaVillage Products Corp., No.18cv3836 (EP) (AME) (D.N.J. Dec. 28, 2022).  In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver.  The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S. D853,645 (“the D’645 patent”). Continue Reading Flawless Legs and a Shaved Head? An Ordinary Observer Can Tell the Difference