If you ask regular, ordinary people whether they get confused by two designs or not, and then they say “no”, that means your design is in the clear.

FL cleanser has been a market leader since 2013. They’ve filed over 200 design lawsuits – and won millions in damages.

This time, they targeted our client NF.

They demanded 500,000 RMB and froze the company’s bank account but we stood our ground.

Here’s how we defended the case:

We focused on the overall visual differences

1. The NF cleanser had clear design distinctions. An ordinary buyer wouldn’t be confused.

2. We attacked the patent’s stability

3. We found FL had disclosed the product online before filing the patent – a critical flaw.

The court agreed, they ruled the designs were “neither identical nor similar.” Case dismissed and FL has appealed.

The fight isn’t over but this may be the first time a company has beaten them in a design patent case.

Design lawsuits can be intimidating – especially against serial enforcers. But a strong defense starts with clear differences and clean patent history.