Eastern District of Wisconsin finds sausage tray obvious using “common sense”on summary judgment motion for noninfringement

Johnsonville v Klement, 2020 WL 1492983 (E.D. Wis. Mar 27, 2020). Johnsonville owns USD 633,754, directed to the ornamental design of a sausage tray, wherein the only solid line features are the curved end walls.  Fig. 12 of the ‘754 patent is illustrative:           Johnsonville sued Klement alleging infringement of the […]

Chalk holder that looks like a pencil a four time loser at the Federal Circuit

Lanard Toys v Dolgencorp, Appeal No. 2019-1781, Fed. Cir. May 14, 2020 Lanard Toys makes and sells the “Lanard Chalk Pencil”, a chalk holder that looks like a pencil.  Lanard obtained Design patent D671,167 directed to the ornamental features of the chalk holder, and also owns copyright Reg. Va 1-794-458.  Lanard began selling their Chalk […]

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 […]