Brand Protection is a growing concern among corporate executives, particularly those who operate in the global marketplace. It has become imperative for business practitioners to understand outlined and stipulated set of s rules and procedures that protect their brands. Thus, protecting their intellectual property, creative innovations from being copied. Besides, they are obliged to understand and observe the rights of consumers as they design and provide goods and services to both local and international markets. The course aims to build an in-depth understanding of brand protection from legal and ethical perspectives.

1. Members:
Fortunate Mashoko: R104189V
Vimbiso Iyanayi: R174888Y

2.  What is meant by design patent infringement?
 Outline the procedure of obtaining a preliminary injunction at
the outset of litigation in design patent infringement.
 What are the fundamental remedies available in design
patent infringement litigation?
 Briefly explain the specific remedies necessary for the design
patent infringement litigation?
 Briefly explain the specific remedies necessary for the design
patent holder to recover the lost profits and reasonable
royalties in design infringement.

3.  According to Tamplin (2022), a patent is a form of intellectual property
that protects an invention. It gives an inventor exclusive rights to produce,
use and sell their invention for a set period. There are three types of
patents available, which are utility patents, design patents and plant
patents.
 A design patent protects a manufactured product’s ornamental features.
Examples of design patents include ornamental designs on jewellery and
the original curvy Coca Cola bottle.
 Design patent infringement occurs when a company or person violets a
design patent’s terms. The patent holder may choose to sue the infringing
party to stop his or her activities as well as to claim compensation for the
unauthorized use.

4.  To claim infringement, one must prove that an ordinary observer wouldn’t be able
to tell the difference between a patented object’s design and an accused object’s
design when both designs are side by side.
 In 2013, Apple sued Samsung Electronics Company. Apple claimed that Samsung
violated Apple’s design patent on its iPhone design. Apple brought up violations of
certain features protected under the iPhone’s design patent. The jury favoured
Apple in this case and Apple received an award of $290 million in damages.
 When you create a product design, you need to know if you are infringing on
someone’s intellectual property for design patent. If you hold a design patent,
watch for others who might try to copy your design. If you have a unique design
for a product, you need to make sure no patent already exists on a similar product.

5.  If a company commits a design patent infringement, a patent holder may sue
them for damages. The damages might include money the patent holder lost
because people bought a copied product and or financial distress the company
faced during the time the copied product was for sale in the market place. The
company that infringes on a design patent may be sued in court. A lawsuit can
hurt a company’s reputation and cause the company to lose loyal customers.
 A cease and desist letter is sent to the person or company infringing on the patent.
If a company or person continues to infringe on your design patent after you have
sent the letter, you can consider a legal action.

6.  According to Dale e.t al (2022), preliminary injunction is a court order
made in the early stages of a lawsuit or petition which prohibits the
parties from doing an act which is in dispute, thereby maintain the status
quo until there is a final judgement after trial.
 A good way to understand a preliminary injunction is to think of a trial as
a boxing match. The preliminary injunction is the bell that makes the
fighters return to their respective corners until a decision has been made.
 Litigation is the process of taking a dispute to a court of law.

7. 1. Select Your Court Wisely.
 Choosing the court to file your case in is vitally important when seeking preliminary
injunctive relief. Consider the different courts available to you to file your case and
research and evaluate whether the judges who may hear your motion (and the remainder
of your case) in each court are likely to grant the relief you seek. If your case is based on
a federal question or diversity jurisdiction is present, considering filing your case in
federal court. If your jurisdiction has a business court, filing the case there may also be a
good option. Both federal district courts and business courts likely have more expertise
with injunctions and may better understand the issues present in your case.

8. 2. Use the Complaint as the Starting Point.
 While any preliminary relief must be requested in a motion and is typically
supported by a brief, it is beneficial to utilize the complaint as a starting point to
begin to argue for the relief you are requesting. The complaint should clearly lay
out how the case satisfies all of the necessary elements for a preliminary injunction
in your jurisdiction. When seeking a TRO, consider having someone with
knowledge of the facts alleged in the complaint verify the complaint. This
eliminates the need to draft affidavits, which saved time can be used to prepare for
the hearing. Although a verified complaint alone is also adequate at the preliminary
injunction stage, if time allows, consider using multiple affidavits to build
credibility on the facts contained in the verified complaint.

9. 3. Consider Seeking Expedited Discovery.
 Rule 26(d) of the Federal Rules of Civil Procedure (and comparable state court
rules) allow courts to adjust the timing and sequence for conducting discovery. This
gives courts the discretion to order discovery on an expedited basis, so that it can
be conducted prior to a preliminary injunction hearing. Expedited discovery can be
sought on discrete issues that will bolter your case for injunctive relief. While this
process adds to the amount of work that must be completed in an already short
timeframe, it can uncover invaluable evidence to support your motion.

10. 4. Know All the Facts.
 In the rush to prepare a brief, supporting affidavits, and potentially conducting expedited
discovery, it is easy to lose sight of preparing to argue your motion before the court.
Make sure that this task does not fall to the wayside. While completing these other
necessary tasks will jump start your hearing preparation, it is critical to spend time
getting to know all the facts that support your arguments and to anticipate and prepare
counterarguments to the points likely to be raised by defense counsel and the court.
Even in an ex parte TRO hearing, expect the judge to heavily scrutinize the evidence
you present. By knowing the facts and your supporting evidence, you can confidently
present your case to the court, which will bolster your claim for relief.

11. 1.Cease and Desist Letter
 If you believe someone is infringing your design patent rights, a first step is
often to send a cease and desist letter to the infringing party. This letter
should contain the following information:
• An explanation of your intellectual property rights in the design patent,
including its registration information;
• A description of what the infringing activity constitutes, which may include
written information, photographs of the product, and screenshots
demonstrating the object being sold online;
• Legal analysis, explaining how the product infringes on your design patent
rights;
• A demand that the other party immediately cease and desist engaging in
infringing activity;
• A request for proof of compliance within 10 days;
• An explanation that, if proof of compliance is not received, you are prepared
to commence design patent infringement litigation.

12. 2. Injunction
is a court order requiring a person to do or cease doing a
specific action. A party may seek a preliminary injunction when
they will suffer irreparable harm that is, he will be harmed in a
way that a money judgment cannot fix while he waits on a final
resolution of his lawsuit.

13. The following remedies can be used by a patent holder to recover the
lost profits and reasonable royalties:
1. Monetary Relief
 Monetary relief, in the form of compensatory damages, is available to
remedy patent infringement:
• Compensatory damages – A patent owner may recover lost profits for
infringement once they have established the value of the patent
• Increased damages – Up to three times the compensatory damages can
be recovered in cases of willful or deliberate infringement
• Time period for damages ‘ Rights to damages can be claimed only after
the date the patent was issued and extends back only 6 years from filing of
the infringement claim

14. 2. Equitable Relief
 Injunctions are orders issued by a court ordering someone to do something
or prohibiting some act. Injunctions are available in two forms:
• Preliminary injunctions -Court orders made in the early stages of a
lawsuit or petitions which prohibit the parties from doing an act which is in
dispute (e.g. manufacturing patented product)
• Permanent injunctions -Final orders of a court that a person or entity
discontinue doing certain activities permanently or take certain actions.
3.Costs and Attorneys’ Fees
 Costs are typically recoverable and, in rare cases where there has been
wilful infringement, so are attorneys’ fees.

15. 4. Disgorgement
It is the mandated repayment of all ill-gotten gains imposed on wrongdoers by the
courts. Funds that were received through illegal or unethical business transactions
are paid back, often with an interest and or penalties to those affected by the
action.

16. THE END