While effective patent law protects the financial returns on investment in R&D, thereby encouraging more people to invent new things, ineffective patent law can create roadblocks to innovation as patent owners exclude competitors from using and developing their inventions.
It appears that Toyota may have got the jump on Jetstar by filing a series of trade mark applications to protect its well-known “Oh, what a feeling!” jump which has been used by the car maker since the 1980s to promote its vehicles.
Last month, yoga-gear guru Lululemon Athletica Inc filed a lawsuit in the US Federal Court in Delaware against PVH Corp’s Calvin Klein brand and G-III Apparel Group alleging infringement of three “design patents” (the US term for registered designs) relating to the design of its famous yoga pants.