Inspired by Crocs, Bogg Bag beach bags are subject to potential copyright infringement in the United States

Bogg Bag beach bags may have violated copyright laws in the US, as they were inspired by Crocs

Bogg bag

The founder Kim Vaccarella’s family loves the beach, but they have never been able to find a beach bag that meets the three criteria of being large in capacity, not easy to tip over, and easy to clean.

After years of disappointment with canvas or cotton beach bags, Vaccarella and her husband created this bag. It is currently sold on Amazon for $100 and has nearly a 5-star rating.

Vaccarella was inspired by the injectable foam of Crocs sandals and used the same material to make a beach bag. In fact, she even proposed the idea to Crocs, but was rejected. Vaccarella didn’t give up, but instead decided to find a way to do it herself. This also includes applying for a patent for the concept.

• Global Freight Monitor Losing Momentum but Hope Still Exists
• 2023 Mexico Market Insights Consumer Demographics and E-commerce Opportunities
• Shein has officially launched its store on the US website, and the first group of sellers have made a fortune

Intellectual property

Trademark

BOGG has already registered a trademark in the United States, including Class 18 luggage and Class 25 clothing, shoes and hats.

In addition, the brand has applied for the following graphic trademarks, which have not yet been certified.

Patent

The inventor has applied for 2 design patents. Considering the limitation of protection scope, it can be evaded by changing the shape of the hole or making changes to the appearance. The inventor has also applied for two invention patents, which may involve changes included in the scope of the claims.

1

USD728938S1

2007-10-18

2

USD765398S1

2007-10-18

3

US7926525B2

The patent has 3 independent claims. If all the features described in any one of the independent claims are satisfied, there may be infringement. Due to space constraints, only claim #1 will be discussed here. You can understand other independent claims based on claim #1. A carrying case, comprising; a base section; a main body section defining an object-retaining compartment with said base section, said main body section having an annular portion defining opposed sides, first and second similarly-sized apertures formed only in said opposed sides of said main body section and not in said base section and a plurality of additional similarly-sized apertures formed only in said opposed sides of said main body section and not in said base section, said apertures being formed in a plurality of substantially straight rows and in a plurality of substantially straight columns on each of said opposed sides such that each of said rows includes at least two apertures and each of said columns includes at least two apertures; 【A carrying case, comprising a main body section defining an object-retaining compartment with opposed sides and multiple holes on each side】 a pair of elongate straps, each of said straps having opposite first and second end regions and having a first state in which said strap is attached to said body at both first and second end regions and a second state in which said first and second end regions of said strap are detached from said body, each of said straps comprising:at least first, second and third apertures, regionssaid first aperture being proximate said first end of a respective one of said straps,said second aperture being proximate said second end of the respective one of said straps, andsaid third aperture being arranged between said first and second apertures; and 【A pair of elongate straps, each with three holes, and at least two holes for connecting the strap to the main body. There is also a hole between these two points.】 snap fasteners arranged to removably attach each of said straps to a respective one of said first and second sides via aligning pairs of one of said apertures on the respective one of said opposed sides of said main body section and one of said apertures on said strap to thereby provide said strap with the first state, 【The carrying case includes snap fasteners that attach the strap to the sides of the main body through the aligned holes on both sides.】 said snap fasteners having two parts separable from one another such that said straps are removable from engagement with said body to thereby provide said strap with the second state and positionable in different positions relative to said body to thereby provide a plurality of different configurations in which each of said straps is attached to the respective one of said opposed sides of said body, 【The snap fasteners have two parts that can be separated and the strap can be removed from the main body. The snap fasteners can be positioned in different positions relative to the main body, providing different ways to connect the strap to the main body.】 whereby each of said straps is attachable to the respective one of said opposed sides of said body via any two of said first aperture, said second aperture and one of said additional apertures on said opposed side and any two of said first, second and third apertures on said strap. 【This provides a variable connection between the strap and the main body, where the holes on the strap can be connected to any holes on the main body】

Avoidance of invention patents can be achieved by reducing the number of parts or by changing the constituent elements in terms of method/function/result. From the above description, the simplest avoidance solution is to replace a pair of straps with a single strap. However, in another invention patent US8312816B2 applied for by the same inventor on the same day, a new description was added for the number of carrying straps – “at least one strap for coupling the object to at least one buckle”, which supplements the loophole in the avoidance of the number of straps. The claims of these two patents have very similar feature descriptions, which can be understood through the above patents, and will not be repeated here.

From the search results, the brand only applied for the patent in the United States, so attention should be paid to related avoidance risks. If you want to sell in other regions, you can pay attention to the situation of patent registration. If the link is unfortunately removed due to a complaint, you can try to appeal to bring it back.

We will continue to update BusinessDialogue; if you have any questions or suggestions, please contact us!