Controversy 2

Several weeks ago in this blog I wrote a piece called “Controversy”. I posed several controversial questions and asked readers to weigh in with their views. I found the readers’ responses to be thoughtful and cogent.
I would like to pose another few questions that may be controversial to those reading this post and again, I welcome your responses.
Furniture manufacturers have copied the designs of other manufacturers for decades. Many use this strategy as their primary source for their product designs. Design patents seem to carry little authority. Manufacturers often make minor changes to designs to avoid lawsuits. Though a few lawsuits over the years have been successful, generally there is little recourse that a manufacturer with an original design can seek when that design has been duplicated by another furniture maker. What remedies there are, are generally very costly.
Some may opine that “there are really no new designs”. Others may say, “it’s part of the furniture business…get over it.” Still others may say, “a design patent is exactly that…a patent on a design and any change in that design makes it entirely new.”
So here are the questions:
1. Should there be greater restrictions within the furniture industry regarding design knock offs? If so, how might they be instituted and enforced?2. Should anything be done within or outside the industry about this issue? If so…what?

3. Should the patent laws governing design patents relating to furniture manufacturing be more specific and given greater authority? If so, how should they be changed? Should the furniture industry, as whole support changes in design patent law?
Let’s hear from you.