Trade Dress or Design Patent? Why Not Both!?

Design patents are faster to acquire but they only have a 14 year lifespan for protection.  Trade dress (distinctive, brand identifying appearance or packaging) offers protection for as long as the identifying design is used in commerce.  The two work hand-in-hand. ...

Are Headphones a Fashion Accessory?

Beats manufactures distinctive headphone products in which it claims trade dress and design patent protection. The protection afforded under patent and trademark law can be broad, especially when used in combination. In a lawsuit against Yamaha on a variety of...