Design Patent Enforcement
Defending Ornamental Product Designs, Industrial Packaging & Anti-Counterfeit Operations
Industrial designs and design patents protect the unique ornamental appearance and aesthetic geometry of consumer products. With the proliferation of look-alike knockoffs on e-commerce marketplaces, Lex Protector offers swift enforcement to de-list infringing visual duplicates and protect brand equity.
Core Legal Capabilities & Protection
- ✓Application of the Ordinary Observer Test to establish substantial visual similarity and likelihood of confusion.
- ✓Rapid marketplace takedown enforcement on Amazon, eBay, Walmart, AliExpress, and social commerce platforms.
- ✓Enforcement under the Patent Evaluation Express (APEX) and Amazon Utility / Design Patent Neutral Evaluation procedure.
- ✓Interception of counterfeit shipments through U.S. Customs and Border Protection (CBP) intellectual property recordation.
Our 4-Stage Legal Procedure
1. Visual Comparison Audit
Side-by-side analysis under the Gorham ordinary observer standard to document infringing aesthetic overlap.
2. Marketplace Neutral Evaluation
Submission of design patent claims to Amazon APEX or relevant platform dispute panels for expedited removal.
3. Border Protection Recordation
Recording granted design patents with customs authorities to seize imported knockoffs at sea and air ports.
4. Manufacturer Accountability
Tracing supply chain origins back to offshore factories to cut off infringing inventory at the source.
Statutory Authorities & Legal Framework
Governed under 35 U.S.C. § 171 (Patents for Designs) and 35 U.S.C. § 289 (Additional Remedy for Infringement of Design Patent - Total Profit Recovery).
Lex Protector
International Law Office
Dedicated intellectual property law office handling patent prosecution, international trademark portfolios, copyright registrations, and cross-border enforcement litigation.