Design patents provide stronger protection than copyright, but they are more limited in duration and more expensive to obtain. Infringement is generally assessed based on whether an ordinary observer, familiar with the original design, would find the accused design substantially similar. Design patents are particularly effective for consumer products and are often a primary form of protection for industrial design.

Trademarks may also protect design elements, but in a different way. They most commonly protect logos, but can also extend to shapes (such as the Coca-Cola bottle), colors (such as Louboutin red), or other features that identify the source of a product. Trademark protection is focused on preventing consumer confusion and is especially useful when developing a brand across multiple products.

The more forms of protection applied to a design, the greater the overall control over its use. However, obtaining all available protections is not always practical or cost-effective. Part of my role is to identify the most valuable and efficient combination of protections for each situation and help prioritize the appropriate strategy.