On February 22, 2017, the Patent Trial and Appeal Board of the United States Patent Office issued an opinion rejecting the Petition of David’s Bridal, Inc. to challenge the validity of a design patent owned by Jenny Yoo Collection, Inc. that covers the design for a convertible bridesmaid dress. The opinion rejected David Bridal’s Petition finding that Jenny Yoo’s patent was entitled to the priority date of an earlier issued design patent.
This is the first decision of which we are aware of the Patent Trial and Appeal Board that upholds the validity of a design patent covering apparel. Therefore, it represents a landmark decision in the fashion industry, demonstrating that design patents covering designs for dresses and other apparel may be valid and enforceable. This presents companies within the fashion industry with a new, powerful weapon for combatting competition from knock-off artists.
This is a major win for Barton’s litigation team and its client, Jenny Yoo Collection, Inc., especially because the Patent Trial and Appeal Board grants a large percentage of petitions for post grant review or inter partes review. In this unusual case, Barton’s team convinced the Patent Trial and Appeal Board that it could dispose of the case at an early stage, prior to formal institution of the proceeding.
Barton’s team was led by partners Maurice Ross and George Wang, with assistance from associate William Kang.
About Barton LLP
Barton LLP is comprised of an elite team of former partners of “BigLaw” who have joined together to create a progressive law firm. We view legal services as business services and our attorneys and staff are business people serving business clients to advance their business goals, which is why we say, “Barton Means Business – Changing the Way You Think About Lawyers.” Barton works at the intersection of law and business to provide client access to the legal acumen, business resources and relationships needed for success in an increasingly complex economic environment. Barton was featured as “Ones to Watch for 2016: The Best Boutique Law Firms” and was also named Best for Commercial Litigation in New York by Acquisition International magazine. Barton was recently nationally recognized by Law360 as one of 10 law firms “giving BigLaw a run for its money.” Five of Barton’s attorneys were named SuperLawyers in Thomson Reuters’ 2016 annual survey of the top 5% of lawyers in the nation. For more information, please visit www.bartonesq.com.
Barton LLP is a member of the International Society of Primerus Law Firms.
Roger E. Barton, Esq.
New York, New York
New York, New York