Our skills in complex I.P. are demonstrated in various ways. We have experience in a wide range of technology and a small sampling of our work is listed below. Mechanical patents, biomedical patents, utility patents associated with design patents, computer program patents, sometimes called business method patents, financial product patents, complex serial patents and process patents associated with utility patents covering structural aspects of the invention are listed in the tables below. We also include samples of sound trademarks and examples of trade dress.
Design patents protect the exterior, ornamental features of a product.
A trademark is a word, name, symbol, or device that is used in trade with goods or services to indicate the source of the goods and to distinguish them from the goods or services of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.
Trade dress refers to the look, shape, ornamental theme or color combination of a product. If consumers distinguish your goods from your competitor, it is a protectable I.P. right. Trade dress is a branch of trademark law. If consumers associate the trade dress with those distinctive features of the goods, the look, shape or color may be a registrable trademark. Trade dress does not protect functional aspects of the product.
Utility Patents Associated with Design Patents
Process Patents Associated with Mechanical Patents
Computer Program, Software and Business Method Patents
Financial Product Patents
Complex Series of Patents (Divisionals, Continuations and Continuations in part)
Word Mark and Color Word Mark:
Registration No. 3,141,178 for the mark SCAVENGER 2000 in the color red, used in connection with water treatment equipment to restore lakes, harbors and waterways consisting of a marine vessel containing an onboard water treatment system which utilizes redundant oxidizers to reduce or eliminate bacteria, e-coli and viruses and improve the water clarity.
Word and Design Mark; Color Marks
Product Container Shape Mark:
Registration No. 2,821,863 for the mark NO DRAWING-SENSORY MARK, (AOL – You Got Mail) used in connection with providing multiple user access to computer networks; electronic transmission of data, images, and documents via computer networks; providing online electronic bulletin boards for transmission of messages among computer users concerning computer network communication; providing online computer network facilities for realtime interaction and communication with other computer users; providing information in the field of computer network communications.
The following two cases and the accompanying illustrations show different types of trade dress disputes.
A famous U.S. Supreme Court case, Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 773, 112 S. Ct. 2753, 120 L. Ed. 2d. 615 (1992), illustrates trade dress of a restaurant protected under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Respondent Taco Cabana, Inc., operated a chain of fast food restaurants in Texas and described its Mexican trade dress as “a festive eating atmosphere having interior dining and patio areas decorated with artifacts, bright colors, paintings and murals. The patio includes interior and exterior areas with the interior patio capable of being sealed off from the outside patio by overhead garage doors. The stepped exterior of the building is a festive and vivid color scheme using top border paint and neon stripes. Bright awnings and umbrellas continue the theme.” Subsequently, Petitioner Two Pesos, Inc., opened its restaurant in Houston with a similar motif.
Ice cream bar packaging was the trade dress in controversy between Kraft’s Polar B’ar and Ambrit’s Klondike bar. The district trial court found infringement and the Court of Appeals for the Eleventh Circuit agreed. Ambrit, Inc. v. Kraft, Inc, 805 F.2d 974 (11th Cir, 1986).