Copyright © Françoise Herrmann
Belonging to the Tory Burch by Tory Burch perfume and cosmetics collection, designed by the Chad Lavigne Studio, the design of the lipstick case shown below is also patented. The US design patent, USD737522S1, titled Lipstick case, was awarded on August 25, 2015, to Chad Lavigne and Tory Burch.
The patent Figure 1 is included below, together with an image of the marketed lipstick. The patent Figure 1 depicts a perspective view of the patented lipstick case design. Notice that there are dotted lines on the drawing, indicating those parts of the design that are unprotected by the design patent. As a result, only one side of the lipstick case is covered. A side of the case that actually mirror-repeats on the rectangular, cube-shaped lipstick case.
As a reminder, a US design patent only covers the ornamental aspects of an invention. This is in contrast to US utility patents which cover how an invention works or is manufactured. Thus, the Tory Burch lipstick case design patent covers only how the lipstick case looks. Separate US utility patents would be needed to respectively cover such utility patent inventions as the formulation of the lipstick, or the mechanism inside the case, enabling the lipstick “bullet”, stored in the case, to deploy and retract.
Reference
https://www.toryburch.com/
Chad Lavigne Studio
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