Tamsen Barrett (US)

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Consumer products and IP (Part 6): deriving a copyright for consumer products

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on September 13, 2021 Posted in General

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 creativity that goes into product design, there are many aspects of a consumer product that can … Continue reading

Consumer products and IP (Part 5): the download on trademarks for consumer products

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on August 11, 2021 Posted in General

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 competitor’s rights could lead to legal consequences, marketing limitations, and even seizure of infringing goods. What … Continue reading

Consumer products and IP (Part 4): demystifying the impact of trade secret misappropriation for consumer products

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on June 30, 2021 Posted in General

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, and even movement of employees. Not understanding when a trade secret is improperly acquired, used, or … Continue reading

Consumer products and IP (Part 3): the intersection between consumer products and design patents

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on May 25, 2021 Posted in General

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 damages to patent owners—with one such case resulting in a $339 million verdict. (See Samsung Electronics … Continue reading

Consumer products and IP (Part 2): what’s a patent got to do with it?

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on May 20, 2021 Posted in General

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 consequences and strategies can provide companies a legally-enforceable marketplace advantage. What is a utility patent? … Continue reading

Consumer products and IP (Part 1): why it matters

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on May 17, 2021 Posted in General

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 legal challenges. But consumer products companies also face significant exposure to IP infringement claims in … Continue reading

Stream-of-commerce considerations for consumer product patent infringement claims

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on December 15, 2020 Posted in General

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 a case early in the proceedings. This issue can present a difficult question for litigation … Continue reading