Patent on Jewelry Box Design

[dandl2]

What is the name of your state (only U.S. law)? Illinois

How valid is a patent on a jewelry box design? There is are larger company selling jewelry boxes, but there are a ton of Etsy sellers making the same style product without the logo branded now. How much of a strong hold or validity does a patent have on this type of item?

 

[Zigner]

What is the name of your state (only U.S. law)? Illinois

How valid is a patent on a jewelry box design? There is are larger company selling jewelry boxes, but there are a ton of Etsy sellers making the same style product without the logo branded now. How much of a strong hold or validity does a patent have on this type of item?

As strong as they wish it to be, coupled with the courts.

ETA: Just being sold by others on Etsy doesn't make it legal (necessarily).

 

[adjusterjack]

How much of a strong hold or validity does a patent have on this type of item?

As strong as the patent holder wants to litigate to make it.

If the sellers on ETSY are selling identifiable knock-offs they risk getting sued by the patent holder. Will any particular patent holder sue or not sue? That's anybody's guess.

 

[NIV]

What is the name of your state (only U.S. law)? Illinois

How valid is a patent on a jewelry box design? There is are larger company selling jewelry boxes, but there are a ton of Etsy sellers making the same style product without the logo branded now. How much of a strong hold or validity does a patent have on this type of item?

Design patents are not a road to riches. Are you even sure there is a patent on some aspect of the jewelry box design?

 

[quincy]

What is the name of your state (only U.S. law)? Illinois

How valid is a patent on a jewelry box design? There is are larger company selling jewelry boxes, but there are a ton of Etsy sellers making the same style product without the logo branded now. How much of a strong hold or validity does a patent have on this type of item?

Design patents are issued for new, original, nonfunctional, ornamental designs. These patents cover visual elements only.

What you have with jewelry boxes is often a combination of design and utility patents - with a design patent protecting any ornamental elements and a utility patent protecting the functional characteristics.

In order to qualify for a patent, and stop others from making or using or marketing the creation, the creation must be novel and nonobvious. There might be no patent protecting what you see being sold on Etsy or it is also possible that licenses have been granted.

If there IS an infringement, it will be up to the patent holder to file a lawsuit against the infringer. If successful with his suit, the court can issue an injunction prohibiting future sales and a court can award damages - or the patent holder could work out a royalty agreement with the infringer to share profits.

It is also possible that the infringer could challenge the novelty and nonobviousness of the original creation and the patent could be found invalid.

 

[dandl2]

Design patents are issued for new and original and ornamental designs. These patents cover visual elements only.

What you have with jewelry boxes is often a combination of design and utility patents - with a design patent protecting any ornamental elements and a utility patent protecting the functional characteristics.

Because in order to qualify for a patent, and stop others from making or using or marketing the creation, the creation must be novel and nonobvious. There might be no patent protecting what you see being sold on Etsy or it is also possible that licenses have been granted.

If there IS an infringement, it will be up to the patent holder to file a lawsuit against the infringer. If successful with his suit, the court can issue an injunction prohibiting future sales and a court can award damages - or the patent holder could work out a royalty agreement with the infringer to share profits. It is also possible that the infringer could challenge the novelty and nonobviousness of the original creation and the patent could be found invalid.

Thanks for the input. I guess I am just trying to figure out what the ornamental elements are. For reference, the patent is US XXXX. There is really little information about the design aside from a few graphics. It looks like every other jewelry box out there so just surprise that there could be a patent even approved for this.

 

[dandl2]

As strong as they wish it to be, coupled with the courts.

ETA: Just being sold by others on Etsy doesn't make it legal (necessarily).

Yes good point on the legality and others doing it I was just surprised to find out a box could be patented.

 

[dandl2]

Design patents are not a road to riches. Are you even sure there is a patent on some aspect of the jewelry box design?

I am not sure. The patent is US XXXXXXX.

 

[FlyingRon]

I am not sure. The patent is US XXXXXXX.

That's a design patent. It only covers the ornamentation of the box. Alas, the patent search engines don't I checked don't show all the figuers, so I can't tell what is distinctive in the patent. Again, this doesn't cover the idea of a ring box (that would hardly be patentable) but the specific decoration on it.

 

[quincy]

Thanks for the input. I guess I am just trying to figure out what the ornamental elements are. For reference, the patent is US XXXXXXX. There is really little information about the design aside from a few graphics. It looks like every other jewelry box out there so just surprise that there could be a patent even approved for this.

I only glanced at the patent.

What is being sold on Etsy that makes you think this patent has been infringed? Have you received a cease and desist letter? Has someone you know been contacted by the patent holder?

In other words, what has brought your attention to this particular patent so that you know the patent number?

 

[dandl2]

That's a design patent. It only covers the ornamentation of the box. Alas, the patent search engines don't I checked don't show all the figuers, so I can't tell what is distinctive in the patent. Again, this doesn't cover the idea of a ring box (that would hardly be patentable) but the specific decoration on it.

Here is a link with the photographs of the figures. Let me know your thoughts on it! I don't see any specific decoration that stands out as unique.

[removed]

 

[dandl2]

I only glanced at the patent.

What is being sold on Etsy that makes you think this patent has been infringed? Have you received a cease and desist letter? Has someone you know been contacted by the patent holder?

In other words, what has brought your attention to this particular patent so that you know the patent number?

I was notified by the patent holders attorney that the patent is being infringed upon. He had reported my shop to Etsy for patented design infringement and then Etsy automatically deactivated those listing so the two of us can figure things out.

 

[dandl2]

That's a design patent. It only covers the ornamentation of the box. Alas, the patent search engines don't I checked don't show all the figuers, so I can't tell what is distinctive in the patent. Again, this doesn't cover the idea of a ring box (that would hardly be patentable) but the specific decoration on it.

The figures are there to the public. You might have to click on view full patent. I don't see a specific decoration that would make it unique.

 

[quincy]

Okay. Thank you for answering my question. Now I am going to ask that the moderator delete the patent number from all of our posts and clean the thread a bit so identifying information is removed.

If you have been notified that you have infringed on a patent, it is best if we do not get into any specifics on this public forum.

Although an infringement suit could be unlikely, you will want to speak personally with an IP attorney in your area if you receive more than just the single notice of infringement from the patent holder. It could be the patent holder will be content to have the potentially infringing items removed from their place online.

 

[dandl2]

Okay. Thank you for answering my question. Now I am going to ask that the moderator delete the patent number from all of our posts and clean the thread a bit so identifying information is removed.

If you have been notified that you have infringed on a patent, it is best if we do not get into any specifics on this public forum.

Although an infringement suit could be unlikely, you will want to speak personally with an IP attorney in your area if you receive more than just the single notice of infringement from the patent holder. It could be the patent holder will be content to have the potentially infringing items removed from their place online.

Thanks so much for your insight!