Design Protection: PROTECTING CREATIVITY IN FASHION (Exploring patenting and Design Protection) BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services. Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. PROTECTING CREATIVITY IN
FASHION
(EXPLORING PATENTING AND DESIGN
PROTECTION)
BY-
Nishant Kewalramani

2. AGENDA
 Thinking Beyond Trade marks
 Patent Protection
 Design Protection
 Case Illustrations

3. IS TRADEMARK PROTECTION ADEQUATE?
 What is a trademark
 Source Identifier
 Differentiated products
 What does it protect-
 Brand Value
 Protection against infringement
 Protection against Dilution
 What it does not protect
 Technical innovations in Fashion
 Look & Feel- when the product is launched

4. WALMART V. SAMARA BROTHERS
THINKING BEYOND TRADEMARKS
 Walmart- creation of knockoffs
Product Packaging
v.
Product Design

5.  Super Star Shoe
 Inherently Distinctive?
 Acquired
Distinctiveness
 Whenever no clear
answer assume to be
design

6. PATENTS
 Subject Matter - Inventions
 Term - 20 years
Rights –
 Make
 Use
 Sell
 Offer for sale
 Import

7. INVENTIONS
Subject Matter
Usefulness
Novelty
Non-obviousness
Specification
PATENTS

8. US PATENT 5,005,218
 An aperture in a body
of a garment co-acts
with a part of the
garment to produce a
combination of two
dimensional image or
design appearing on
the garment with a
three dimensional part
of the garment

10. FASHION ILLUMINATION SYSTEM

11. MODIFICATION OF ILLUMINATION SYSTEM
 One or more concealed
light sources positioned
so as to illuminate the
skin of the wearer as
opposed to focusing
attention on the light
sources themselves.

12. CROCS V. HOLEY SOLES
 Crocs
 Footwear pieces and
manner of manufacture
 Footwear pieces molded
from lofted material
 One or more ventilators
in footwear surrounded
by liquid conductors
capable of channeling
liquid spilled on surface
of footware pieces away
from the foot…
CROCS
HOLEY

13. DESIGN PROTECTION
 Aesthetic appearance of an article
 Term 15 years (10+5)
 Ornamental features should be novel

14. NOVELTY & CREATIVITY

15. ISSUE OF FUNCTIONALITY
 Ornamental characteristics to be separated from
functional characteristics.
 If the design is a direct result of the function then
such a design is not protected.
 Bell bottoms/boot cuts again
 Cloth designs???
 Shoe and accessories designs???

16. Chain Stripe combined with chain formed
letters and ball and chain periods

17.  Vertical lines and
stippling represent
contrasting fabric color
relative to the other
fabric color.
 The dashed lines are
understood to
represent stitching

18. TRUE RELIGION DENIM
 Ornamental Stitch
Pattern applied to
pants
 Up to $600 a pair!

19. THANK YOU
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