A recent grant of summary judgment to defendants proved just how important it is to clearly mark products and communicate design patent rights to the public. On November 4, Judge Paul Barbadoro of the District of New Hampshire granted the defendants’ motion for summary judgment as to the plaintiffs' claims of patent infringement in a two-year case regarding funeral equipment. See Gallagher et al. v. Funeral Source One Supply and Equipment Co., Inc., et al., 14-cv-115-PB (D.N.H 2015). The case stands as a reminder of what can happen when design patent owners fail to properly mark their products with the patent number.
