Friday, October 25, 2013

Design Patent Roundup - Oct. 25, 2013

With Halloween almost upon us, we bring you this week’s design patent roundup, which features a lawsuit relating to children’s pillows shaped like terrifying monsters. As always, we will continue to be on the lookout for key developments in any of the cases discussed below.

Vossen Wheels, Inc. v. Toprich (U.S.A.), Inc., No. 2-13-cv-07747 (C.D. Cal. Oct. 18, 2013).

First up, on Monday, October 18, Vossen Wheels filed suit against Toprich for allegedly infringing designs patents relating to wheel rims. Vossen has only asserted one design patent – U.S. Design Patent No. 681,541 “Front Face of a Vehicle Wheel.” A figure from the ‘541 Patent is shown below alongside Toprich’s accused STR 613 wheel. The case has been assigned to Judge Audrey B. Collins, who has entered a temporary restraining order against Toprich and has also issued an order to show cause for a preliminary injunction to Vossen. Vossen is being represented by Fulwider Patton, LLP. Toprich has not yet entered an appearance. 

Deckers Outdoor Corporation v. Wellnes Footwear Group, Inc. et al, No. 2-13-cv-07837 (C.D. Cal. Oct. 23, 2013) and Deckers Outdoor Corporation v. J Reflection, Inc. et al, No. 2-13-cv-07843 (C.D. Cal. Oct. 23, 2013) 

Deckers Outdoor Coporation continues to aggresively assert its design patents for a boot design with two more cases this week against Wellness Footwear Group and J Reflection. Both cases were filed in the Central District of California. Deckers is being represented by the Blakely Law Group in both cases. Neither defendant has entered an appearance. The cases have been assigned to Judge R. Gary Klausner. Deckers is asserting U.S. Design Patent Nos. 599,999; and 616,189. An image of the accused products is not yet publicly available. 
Carlini Enterprises, Inc. et al v. Paul Yaffe Design, Inc. et al, No. 8-13-cv-01671 (C.D. Cal. Oct. 24, 2013)

On Thursday, Carlini filed a design patent infringement complaint against Paul Yaffe Design, accusing the defendant of infringing its U.S. Design Patent Nos. 604,212; and 629,343 both for a “Handlebar.” Carlini has accused what appears to be Yaffe’s “Monkey Bars” handle design, although the complaint does not identify a specific product name. Below is an image of a figure from the ‘212 Patent alongside an image of Yaffe’s Monkey Bars. Carlini is represented by Becky Christensen Law Offices. Yaffe has not yet made an appearance.

Milo & Gabby, LLC. et al v., Inc., No. 3-13-cv-05941 (W.D. Wa. Oct. 24, 2013)

Or last case this week is a bit on the lighter side. On Thursday, Milo & Gabby filed  against Amazon for what it claims are knock-off products intended to look like Milo & Gabby’s “Cozy Companion” line of children’s pillow cases shaped like stuffed animals. Milo & Gabby are asserting five design patents against Amazon, including U.S. Design Patent Nos. 520,798 “Dog-shaped Pillow Case;” 521,299 “Rabbit-shaped Pillow Case;” 521,792 “Cat-shaped Pillow Case;” 523,677 “Dinosaur-shaped Pillow Case;” and 551,889 “Pony-shaped Pillow Case.” Below is a figure from the ‘677 Patent (my favorite), alongside an image of the accused product from the Complaint. Milo & Gabby are represented by the Mann Law Group and the Whitaker Law Group. Amazon has not yet made an appearance. 

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