Design Patent Roundup

We may have taken a break, but design patent litigation has not. The theme for the beginning of October appears to be out-of-season designs, with new cases relating to staying cool and outdoor sports. As before, we will continue to be on the lookout for key developments on any of the cases discussed below. 

Dyson Limited et al v. BHN International LLC et al, 3-13-cv-04694 (N.D. Cal. October 9, 2013)

First up, on Wednesday, October 9th, Dyson Ltd., Dyson Research Ltd. and Dyson Technology Ltd. filed suit against Ben Zioni, BHN International LLC, Meital Zioni and Yaniv Zioni, all parties accused of being associated with the Lava Heat Italia brand and website. Dyson has asserted five patents in this case, including two design patents, U.S. Design Patent Nos. 643,098 and 672,023, related to Dyson’s Air Multiplier fans. Lava Heat branded “iFans” can be found on multiple third party websites, but the www.lavaheat.com site does not contain any mention of the product (though oblique mentions of “iFan” are still present in the Google cache). A comparison between the Dyson fan from the ’023 Patent and the Lava Heat branded fan is shown, below. Dyson is represented by Dergosits & Noah and Donahue Gallaher Woods, while the defendants have not entered an appearance. The case has been assigned to Magistrate Judge Jacqueline Scott Corley.

Skechers USA, Inc. et al v. Shoe Confession, LLC et al, 2-13-cv-07573 (C.D. Cal. October 11, 2013)

Last Friday, Skechers USA, Inc. and Skechers USA, Inc. II filed a design patent infringement case in the Central District of California against three named defendants: PEI Licensing Inc., Perry Ellis International, Inc. and Shoe Confession, LLC, accusing the defendants of infringing four patents, U.S. Design Patent Nos. 650,980, 651,788, 652,613 and 652,614 related to shoe bottom, shoe outsole and periphery designs. Skechers has also asserted claims for trade dress infringement and unfair competition in relation to both their sole and outsole styles. Figures from the ’788 and ’980 designs are shown below alongside images of the accused shoe. Skechers is represented by Kleinberg & Lerner. The defendants have not entered an appearance. The case has not yet been assigned to a judge.