Patents on the soles of your shoes...: totes

Saturday, April 14, 2018

Oh, patents! The latest Balenciaga tote

Copyright © Françoise Herrmann

The latest, Urban Guerrilla, Graffiti Love, Balenciaga Tote is patented. The US design patent USD801682, titled Handbag was awarded to Isabelle Guichot, former Balenciaga CEO, on November 7, 2017.

As a reminder, the difference between a US design patent and a US utility patent is the following:

“a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171)” (USPTO)

Patent Figure drawings 2 and 6 are included below, respectively showing a front and top view of the handbag, together with an image of the marketed tote.

Note: Just FYI, Balenciaga is a luxury Spanish basque fashion design house, founded in Spain; in 1919, by Cristóbal Balenciaga.

References

Balenciaga

https://www.balenciaga.com/us
Herrmann, F. (Oct. 17, 2017) Oh, patents! Balenciaga Bazar totes
http://patentsonthesolesofyourshoes.blogspot.com/2017/10/balenciaga-bazar-totes.html
Herrmann, F. (Oc.t 16, 2017) Balenciaga's Ikea-inspired tote
http://patentsonthesolesofyourshoes.blogspot.com/2017/10/balenciagas-ikea-inspired-big-blue-tote.html
MPEP – Chapt. 1502-01 – Distinction between design and utility patent
https://www.uspto.gov/web/offices/pac/mpep/s1502.html

Monday, October 16, 2017

Balenciaga’s Ikea-inspired big blue tote

Copyright © Françoise Herrmann

In Andy Warhol’s tradition of celebrating the mundane Campbell Soup, Balenciaga's big blue tote ($2145) salutes Ikea’s big blue Frakta shopping bag (.99cts)!

What was Ikea's response to the copycat bag, and potential cause for filing an infringement procedure?

Ikea (UK & Ireland) stated they were "extremely flattered to seemingly be an inspiration for the latest catwalk designs for Balenciaga" (Morby, 2017). ACNE, the Swedish ad agency for IKEA, also launched a poster campaign explaining, in 4 points: "How to identify a real IKEA FRAKTA Bag".

Balenciaga's big blue Ikea-inspired tote, and Ikea's advertisement campaign poster, are both included below.