LEASON ELLIS SUCCESSFULLY REPRESENTS PARTY CITY IN TRADEMARK SUMMARY JUDGMENT MOTION
May 20, 2015MARTIN SCHWIMMER AND JORDAN GARNER WRITE FOR LAW360
May 20, 2015TRADE DRESS PROTECTION NOT IN GREAT SHAPE FOR SHAPES
The recent Court of Appeals for the Federal Circuit decision in Apple, Inc. v. Samsung, clarified the scope of protection available to a design under the trade dress and design patent protection schemes. The CAFC found that while Apple’s user interface and industrial designs were too utilitarian for trade dress protection, they were sufficiently ornamental to convey design patent protection. This case confirms the notion that design patents are cheap, effective IP solutions for companies seeking to protect a competitive edge born out of effective design. However, the case also cautions that the closer a design gets to representing the optimal user experience, the harder it becomes to separate form from function. This article was first published by Law360 on May 19, 2015.
