Design patents cover new, original, and ornamental designs of manufactured articles. While the term of a design patent is short (now, 15 years from the issue date), possessing a design patent can be a competitive advantage, especially if the design is the foundation of an entirely new product line. This was the situation over nine years ago when the first of Apple’s design patents for the ornamental features of the iPhone, iPad, and iPod was issued. On April 13, 2011, Apple sued Samsung for infringing its intellectual property, including three design patents.
What followed was a long battle that ended with a settlement on June 27, 2018. Along the way, a new standard for design patent damages in the case of multicomponent articles of manufacture was adopted by the Supreme Court. Join attorney Amy B. Goldsmith as she delves into the design patent aspects of the Apple v. Samsung litigation.
Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.
She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached.
Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.
She is a Vice President of the New York Women's Bar Association. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.
Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.
In depth caselaw analysis designed to inform the busy practitioner of the most pertinent aspects of each design patent decision. Insightful and extremely organized.
A complex case presented very well
one of the most beneficial 1 hr CLEs I've ever taken
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