Design Patent Roundup - June 20, 2014

Design patent litigation appears to have picked up in the last week, with four new cases featuring interesting flip flop design.

Chad Habeeb v. Jukes Shoes, LLC, No. 1:14-cv-04649 (N.D. Ill. June 19, 2014)

On Thursday, Jukes Shoes, which appears to be a Dallas-are shoe retailer, was sued in the Northern District of Illinois for design patent infringement by one Chad Habeeb.  Jukes is accused of infringing Habeeb's U.S. Design Patent No. 687,216 for a "Pair of Sandals."  Below is a figure from the '216 Patent alongside an image of the accused sandals. 

Hutzler Mfg. Co., Inc. v. Christmas Tree Shops, Inc., No. 1:14-cv-04297 (S.D. N.Y. June 13, 2014)

Last Friday, Hutzler filed suit against Christmas Tree Shops in the Southern District of New York for allegedly infringing several of its design patents relating to vegetable containers.  The design patents-in-suit include U.S. Design Patent Nos. 538,114 ("Onion Container"); 553,443 ("Container"); 562,082 ("Tomato Keeper"); and 592,463 ("Garlic Container").  Below is a figure from the '114 Patent alongside an image of the accused container in the Complaint.  This case calls to mind a previous post about whether there is a "design of nature" exception to design patent protection.  Hertzler is represented by Curtis Mallet-Provost Colt & Mosle.  

Tucci, LLC v. Fiberbuilt Umbrellas, Inc., No. 1:14-cv-22185 (S.D. Fla. Jun 13, 2014)

On Friday the 13th, Tucci filed this lawsuit against Fiberbuilt in the Southern District of Florida, relating to certain umbrella designs.  Tucci is asserting both a utility patent - U.S. Patent No. 7,293,573 - and a design patent - U.S. Design Patent No. 478,416 for an "Umbrella Canopy."  Below is a figure from the '416 Patent alongside an image of the accused umbrella from the Complaint.  Tucci is being represented by the firm of Carey Rodriguez O'Keefe Milian Gonya.   The case has been assigned to Judge Joan A. Lenard. 

Conair Corp. v. Pro Curl Am. LLC, No. 6:14-cv-00919 (M.D. Fla. June 13, 2014), and 
Conair Corp. v. Argan Woman, No. 6:14-cv-00920 (M.D. Fla. June 13, 2014)

Last Friday, Conair filed a pair of lawsuits in the Middle District of Florida concerning a nifty design for a "Hair Styling Apparatus."  Both lawsuits assert three utility patents and Conair's U.S. Design Patent No. 696,456 for a "Hair Styling Apparatus."  A figure from the '456 Patent is shown below alongside the accused devices.  Conair is represented by Flachsbart & Greenspoon.  The case has been assigned to Judge Roy B. Dalton, Jr.