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. 

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.  

In this unique 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.  This is significant because the Patent Trial and Appeal Board grants a large percentage of petitions for post grant review or inter partes review.   

Barton’s team was led by partners Maurice N. Ross and George H. Wang, with assistance from associate William Kang. For more information about this case, click here.