The design patent was ultimately granted in May 2015, although their product was released onto the market in 2014. Some months later, GroPro released a competing product, also a cube-shaped compact video camera. In terms of their appearance, Polaroid argue that both products feature rounded edges, a recessed lens on one face and a single record button on the top. Polaroid claim that they have invested considerable resources on the design and development of this product, hence it is unique and the first of its kind.
In order to defend the action, GoPro will need to be able to establish that the overall design of their product is not similar and does not include the specific features protected by Polaroid’s registered design rights. If GoPro are able to find evidence that similar designs for cube-shaped compact cameras were already in the public domain prior to the date that Polaroid applied to protect the design, then this could assist in invalidating Polaroid’s registered rights. If they cannot, then GoPro could face the sales of their product being halted as well as liability for damages for all profits made. Polaroid is certainly no stranger to IP infringement actions, having successfully sued Kodak back in 1990 for damages of $909 million.
It is uncertain at this point what the outcome of this action could mean for other cube-shaped cameras on the market. In the meantime, it serves as a handy reminder of the importance of searching the design registers to check if a design is unique before launching a new product to that design. It is important to remember
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