The technology company GoPro has been hit by an action taken which indicates an infringement of a design patent right.
C & A Marketing which produces the widely recognised Polaroid cameras have issued action claiming the design patent they were issued in May has been compromised by GoPro.
The proceedings are in relation to the cube shaped camera released by GoPro which is conceptual similar to a recent release by C & A.
C & A’s Polaroid Cube was released in 2014, a number of months before the GoPro equivalent.
A design patent is issued to protect an innovative aesthetic of a product which can be as simple or as complicated as it likes. When a patent is registered, it prevents any further design which are similar to be marketed, as with many other types of intellectual property and its protection.
Both companies have commented on this matter with GoPro stating “the Hero 4 does not infringe the competitor’s patent because its overall design is not similar and does not include the specific features that are required by the competitor’s patent”.
C & A defending their patent and the originality of its design said the Polaroid cube “has rounded edges, a slightly recessed lens and a single button on top – all important design elements, all used as well by GoPro for its Hero 4 Session”.
It will be interesting to watch this case develop to see which technology company comes out on top.