Patent Enforcement: Case Study
The Problem
Our client was an up-and-coming Ontario-based confectionary company, selling baked goods across Canada through large retail chains.
A key component of our client’s success was a gingerbread house kit that offered a novel building tray as well as a method of assembling the gingerbread house – a method making it very easy for children to build properly and with minimal mess, breakage, and waste.
The client had everything going their way with this kit – they had the right brand (trademark), the right distribution channel (large corporate chains), and a child-friendly way of assembling a gingerbread house that made the product desirable from a consumer perspective.
Our client offered a simplified building kit that consumers loved, but they wanted to make sure no other competitors would show up offering similar kits that worked the way our client’s kit worked.
So, we filed a patent application for their kit.
Shortly after filing, our client noticed competitors producing similar kits that were being carried in the same large corporate retail stores as our client’s kit.
The Solution
Pnc IP Group formed a strategy for our client to follow when it came to matters of enforcement.
Our client contacted the competitors and notified them of the pending patent application, and in a matter of weeks, the competitors (very cordially) agreed to cease and desist – no litigation – no mess – no wasted dollars.
The challenge didn’t end there though, because eventually their patent application was initially rejected.
We appealed our client’s case, made some changes, and eventually secured them a patent grant.
The Outcome
Shortly after that patent grant, this client was acquired into a larger corporate bakery based in western Canada.
Today, their gingerbread house-making kit remains a top-seller throughout Canada and the United States.
Contact Pnc IP Group today to learn more about our Patent services.