Friday, March 29, 2013

Design Patent Roundup

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...

Novelty, Inc. v. Rothschild, No. 1:13-cv-00497 (S.D. IN. March 26, 2013)

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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