Although other forms of intellectual property tend to be most relevant to consumer product makers, copyright ownership is also an important consideration and can play a key role in product development and protection. Copyrights protect artistic works, and given the
Sean Patrick McGinley (US)
Consumer products and IP (Part 5): the download on trademarks for consumer products
Given the influence trademarks have on consumer decisions, proactive strategies by consumer product companies can yield short- and long-term gains. Trademarks influence consumers by connecting a product to a company—a simple means to increase recognition and boost sales. But, ignoring…
Consumer products and IP (Part 4): demystifying the impact of trade secret misappropriation for consumer products
Trade secrets protect consumer product companies by preventing competitors from stealing unique knowledge. Rights under trade secret law cover valuable knowhow that is not publicly known. In enforcing their rights, companies can prevent the exchange of information, taking of documents,…
Consumer products and IP (Part 3): the intersection between consumer products and design patents
Although utility patents are far-and-away the most common type of patents, design patents present additional options for protecting consumer products. These patents stop competitors from copying a product’s unique and inventive look and/or design. Recent decisions have granted significant infringement…
Consumer products and IP (Part 2): what’s a patent got to do with it?
Consumer product companies face unique exposure to utility patent infringement. Patents can impact multiple aspects of consumer products, from manufacturing and shipping to compositions and use.
Active patent management strategies can help avoid liability while simultaneously protecting rights. Understanding these…
Consumer products and IP (Part 1): why it matters
Intellectual property (IP) rights can be a blessing and a curse for consumer product designers, manufacturers, and sellers. IP rights allow companies to protect their own creations, limit others from obtaining detrimental IP rights, provide licensing opportunities, and help deter…
Stream-of-commerce considerations for consumer product patent infringement claims
An initial question a consumer product manufacturer or retailer should consider when sued for patent infringement is: does the court have personal jurisdiction?
Determining whether a court has personal jurisdiction to hear a case can help avoid liability and dismiss…