Nike’s battle against Skechers continues – the gloves (or shoes?) come off

Nike has sued Skechers for infringement of 12 of Nike’s design patents.  The complaint alleges that Skechers business strategy is to knock-off the successful designs of it’s competitors, while in previously battles, Skechers has asserted that it merely “takes inspriation” from competitive products, in a process referred to internally as “Skecherizing”.2019-PATENT-Nike-v-Skechers

Federal Circuit Affirms Validity of Design Patents for Replacement Parts

On appeal of a summary judgement decision entered sua sponte by the district court, the Federal Circuit rejected Plaintiff’s argument that the desire of consumer’s to purchase a replacement hood or headlamp that matched the original part and/or overall vehicle design rendered the design functional.  Stating that a consumer preference for a matching design over […]