When is a Creative Director an inventor?

A recent intellectual property infringement lawsuit between Puma and Forever 21 regarding Puma’s Fenty X shoes garnered a lot of attention in the popular press. In no small part, the attention resulted because Puma’s creative director for its Fenty line was Rhianna.

A recent article in The Fashion Law examined whether a creative director (such as Rhianna) should be listed as an inventor in the company’s patents covering the creative director’s product line.

The answer to this question (with input from yours truly) is available in the article that is linked here. (Hint: it depends on whether the creative director actually participated in design of the product claimed in the patent.)

 

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