On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more
2/23/2019
/ Cease and Desist ,
Declaratory Judgments ,
Design Patent ,
Fashion Design ,
Fashion Industry ,
Functionality ,
Nonobvious ,
Novelty ,
Ornamental Design ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Section 101 ,
Section 102 ,
Skechers ,
Substantially Similar
On December 28, 2018, both Calvin Klein and the parent company of the department store Saks Fifth Avenue, were sued by Wongab Corporation in the U.S. District Court for the Central District of California. ...more
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more
12/6/2018
/ Abstract Ideas ,
Affirmative Defenses ,
CLS Bank v Alice Corp ,
Fashion Design ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Nike ,
Nonobvious ,
Novelty ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Puma ,
Section 101 ,
Utility Patents
Edited by Catherine Holland What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry since design...more
As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more
Buscemi, LLC (“Buscemi”) filed for a design patent on June 2, 2016. In March 2017, while the patent application was pending, Buscemi alleges that it became aware that Styleline Studios International and JSL Studio...more
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more
2/11/2017
/ Appeals ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Damages ,
Design Patent ,
Fashion Industry ,
Patent Infringement ,
Patents ,
SCOTUS ,
Smartphones