In honor of the
impending baseball season, we ask the age old question – could a hippie really be
confused with a Dodgers fan? These
questions and more in this week’s design patent roundup. Enjoy!
A very good explanation after the jump...
On Tuesday, Novelty,
Inc. filed a declaratory judgment action against Margaret Rothschild, the named
inventor on U.S. Design Patent No. 510,897, for a “plush toy.” A figure from the ‘897 Patent is shown
alongside an image of Novelty’s “Mohawk Monkey,” which is referenced in
Novelty’s complaint. The case has been
assigned to Judge William T. Lawrence.
Novelty is represented by Maginot Moore & Black. Rothschild has not yet entered an
appearance. In the author’s opinion,
Novelty seems to have a strong case. The
accused Mohawk Monkey appears to be a hippie whereas Rothschild’s monkey
appears to be a Dodgers fan. It is
unlikely that the ordinary observer would confuse a hippie with a Dodgers fan…
Richmond
v. Winchance Solar Fujian Technology Co. Ltd. et al,
___-cv-_____ (NJD March 28, 2013)
On Thursday, Simon
Richmond filed suit against Winchance Solar Fujian Technology Co., Ltd, and a
host of resellers, including Kmart, Amazon, Home depot and several others in
the district of New Jersey for allegedly infringing seven utility patents and
one design patent drawn to a “Solar-Powered Light.” An image of Mr. Richmond’s U.S. Design Patent
No. 554,284 is shown alongside an image of the product identified in the
complaint. The case has not been
assigned to a judge yet, and none of the defendants have entered an appearance. Richmond is being represented by
the Law Office of Lawrence C Hersh and Shiells Law Firm.
Levinger
v. Integral Logistics, LLC, 1:13-cv-00194 (D. RI. March 25,
2013)
On Monday, Fred
Levinger filed suit against Integral Logistics in the District of Rhode Island,
claiming infringement of Levinger’s U.S. Design Patent No. 673,314 for a
“Combination light and cigar cutting blade.”
Below is a figure from the ‘314 Patent alongside an image of Intergral’s
Punch Light! The case has been assigned
to Judge William Smith. Levinger is
represented by Partridge Snow & Hahn.
New
Castle Beverage, Inc. et al v. Premier Foods, LLC et al,
2:13-cv-02055 (C.D. Ca. March 21, 2013)
Last Thursday, New
Castle Beverage and named inventor Ricky Monugian filed a complaint against
Premier Foods and others, alleging infringement of New Castle’s U.S. Design
Patent No. 652,681 for a “Beverage Holder.”
A figure from the ‘681 Patent appears below. However, New Castle does not specifically
identify an infringing product in its complaint. The case has been assigned to
Judge Fernando Olguin. New Castle is
represented by the Law Offices of Frederick Gotha and the Law Offices of Niria
Arvizu.
ETS
Express, Inc. v. Bodum USA, Inc., 2:13-cv-02084 (C.D.
Ca. March 22, 2013)
Last Friday, ETS
Express filed a declaratory judgment complaint against Bodum USA seeking a
declaration that its “VISTA” glassware does not infringe Bodum’s U.S. Design
Patent No. 553,437 for a “Double Wall Glass.”
An image of ETS’s VISTA glassware was not available online. Below is an image from the figures of the
‘437 Patent. The case has been
transferred to District Judge Stephen V. Wilson as part of the patent pilot
program. ETS is represented by Kleinberg
& Lerner.
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