A collection of fashion-related design patents by law professor Sarah Burstein.

 

Issued this week—a design patent for an “Earring Securer.”

Does this Champion tank top infringe this Lululemon design patent? That’s one of the issues in this recently-filed case. Note that this design patent is very narrow - all solid lines and very detailed.

(And, for the record, this means that there are two pending design patent cases involving tank tops. The other, of course, is Yummie Tummie v. Spanx.)

Issued this week— D689,258, for a “T-Shirt.”

design-law:

Bern Unlimited got these two design patents on June 25, 2013. Now it appears to be suing every company that makes bike helmets with visors—see here, here & here.


Update 8/15/13: Bern has filed another case, this time against Nutcase, Inc. So now we’re up to four cases in one week.

So this case isn’t about “fashion,” per se. But it’s worth noting because: (1) items like this could qualify for protection under some of the recent fashion-protection bills; and (2) if these cases don’t settle, they could provide important insights into how other apparel-related design patents will be interpreted and applied.

I kid you not. Issued this week—D686,390, for “Padded Pants.”

I kid you not. Issued this week—D686,390, for “Padded Pants.”

It’s not all high fashion this week. Issued this week—D686,398, for “Sandals with Two Snap Fasteners.” Apparently, the flower/sun looking thing on the upper left of the first figure is a “snap-on charm.”

It’s not all high fashion this week. Issued this week—D686,398, for “Sandals with Two Snap Fasteners.” Apparently, the flower/sun looking thing on the upper left of the first figure is a “snap-on charm.”