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
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

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

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