Hello Auditor

How to defend against a design infringement claim?

Challenge the Validity of Registration

  • Argue that the design is not new or original.
  • Provide evidence of prior publication or public use.
  • Show that the design lacks distinctive visual features.
  • Claim that it is a functional design excluded from protection.
  • File a cancellation petition before the Controller of Designs.

Deny Substantial Similarity

  • Demonstrate clear visual differences between the two designs.
  • Emphasize differences in shape, configuration, or surface treatment.
  • Present expert opinions or comparative reports.
  • Use consumer perception to argue lack of confusion.
  • Point out artistic variations and stylistic changes.

Assert Independent Development

  • Prove that the design was independently created.
  • Provide development records, design sketches, and timelines.
  • Show that the design process was original and uninfluenced.
  • Submit affidavits or statements from design team members.
  • Emphasize lack of access to the claimant’s design.

Claim Procedural Deficiencies

  • Question the standing or ownership of the claimant.
  • Challenge errors in their registration or documentation.
  • Identify non-compliance in their application process.
  • Raise objections to improper classification or filing.
  • Highlight any administrative lapses that affect enforceability.

Seek Legal Remedies and Relief

  • Request dismissal of the infringement suit based on evidence.
  • Apply for a stay order if a cancellation petition is pending.
  • Seek a declaration of non-infringement from the court.
  • Request costs if the claim is found to be frivolous or malicious.
  • Explore settlement or licensing options if commercially viable.

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