Marlborough, MA asked in Patents (Intellectual Property) for Massachusetts

Q: Hello, I would like to know if patent number d816941 has been granted. I have been accused of infringing this patent bu

Can not find details of this patent anywhere. It looks like this patent is only published and not granted.

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

A: D816941 is a design patent for the ornamental appearance of an Animal Bathing and Grooming Glove. Design patents are not published as applications so this is an issued patent.

You can find the patent at https://patents.google.com/patent/USD816941S1/en?oq=D816941. Design patents are useful to prevent someone from making a knockoff that will confuse consumers as to the source of the goods. So you cannot clone Oakley sunglasses or the front grille of a Mustang if they are covered by a design patent that has not expired. That said, Oakley cannot prevent people from making sunglasses that look different from their sunglasses.

There should be room in this world for more than one animal bathing and grooming glove given the glove shape is not protected as gloves need to cover four fingers and a thumb for a typical human.

For more details on design patents see https://www.flynniplaw.com/services/legal-services/united-states-design-patents

You should consult with a patent attorney to compare the ornamental features in the claimed design against your product.

I hope this helps.

Kevin E Flynn

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.