Although utility patents are far-and-away the most common type of patents, design patents present additional options for protecting consumer products. These patents stop competitors from copying a product’s unique and inventive look and/or design. Recent decisions have granted significant infringement damages
Consumer products law blog
Understanding the legal challenges and implications surrounding consumer product law
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Consumer products and IP (Part 2): what’s a patent got to do with it?
Consumer product companies face unique exposure to utility patent infringement. Patents can impact multiple aspects of consumer products, from manufacturing and shipping to compositions and use.
Active patent management strategies can help avoid liability while simultaneously protecting rights. Understanding these…
Social media apps, CDA section 230, and products liability
Earlier this month, we saw an eye-opening Ninth Circuit opinion regarding products liability theories applied to social media apps. In short, the Ninth Circuit held section 230 of the Communications Decency Act does not shield the owner of a social…
Consumer products and IP (Part 1): why it matters
Intellectual property (IP) rights can be a blessing and a curse for consumer product designers, manufacturers, and sellers. IP rights allow companies to protect their own creations, limit others from obtaining detrimental IP rights, provide licensing opportunities, and help deter…
FDA CBD enforcement continues under Biden
In the first few months of the Biden Administration, the Food and Drug Administration has continued to actively pursue companies marketing and selling CBD products in violation of the Federal Food, Drug and Cosmetic Act (the “FD&C Act”), picking up…
California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits
Prop 65 claims for alleged exposure to acrylamide in food are all too common. In the first three months of 2021 alone there have been 109 acrylamide notices issued. Acrylamide is not a chemical that is intentionally added to food,…
FDA presses pause on CBD enforcement guidance—for now
In the dawn of the new administration, the U.S. Food and Drug Administration (FDA) withdrew its “Cannabidiol Enforcement Policy,” a document that stakeholders had hoped would deliver long-overdue guidance on cannabidiol (CBD) regulations. The White House had completed its review…
California flammability standard for upholstered furniture goes national
On December 21, 2020, Congress passed The Safer Occupancy Furniture Flammability Act (SOFFA), which was presented alongside other legislation in a $1.4 trillion COVID relief omnibus bill. SOFFA requires the adoption of California’s TB 117-2013 as a federal flammability standard…
California moves to restrict the use of short-form Prop 65 warnings
On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed rulemaking significantly limiting the use of the short-form warning as a safe harbor. The proposed regulation makes the following changes:
- Limiting the
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Stream-of-commerce considerations for consumer product patent infringement claims
An initial question a consumer product manufacturer or retailer should consider when sued for patent infringement is: does the court have personal jurisdiction?
Determining whether a court has personal jurisdiction to hear a case can help avoid liability and dismiss…