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Federal Trade Commission Strikes Against “Crafted in America” Language

As previously reported by Home Textiles Today, the Federal Trade Commission (FTC) has announced a “record civil penalty” of $3.175 million against a retailer who failed to tell the truth about whether the products it sells...more

Can a Wood Grain be Copyrighted? Yes, if the Pattern is Original and Human Made

Toppan Interamerica, a commercial printer in Henry County, Georgia recently filed two lawsuits alleging that California-based Whalen Furniture is infringing Toppan’s copyrights for decorative wood grain paper for furniture. ...more

California Church Wins Permanent Injunction Prohibiting Wedding Venue From Using Church’s Distinctive Trade Dress For Chapel

Wayfarers Chapel, a Rancho Palos Verdes church, sued Malibu wedding chapel Calamigos Ranch on trademark and trade dress infringement grounds, as well as unfair competition. Interestingly, Wayfarers Chapel alleged in their...more

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

USPTO Creates Design Patent Practitioner Bar

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change...more

11/17/2023  /  Design Patent , Final Rules , Patents , USPTO

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Trade Dress Rights Asserted in Chandelier Cloud Configuration

A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its “most prominent and coveted products”; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023,...more

Lowering Bar on Footboard Does Not Lower Burden for Proving Acquired Distinctiveness of Bed Frame, Says Trademark Office

Charity seeking to register product designs as trademark icon not met the “very high burden” for showing acquired distinctiveness - On September 1, 2023 the Trademark Trial and Appeal Board (TTAB) issued a nonprecedential...more

Kohler Lets Design Patent Infringement Charges Flow in New Complaint

Kohler Co. v. Sweethome d/b/a Sweethome247.com, Case No. 2:23-cv-06889 (C.D. California, Aug. 22, 2023) - The Kohler Co. is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based...more

American Home Furnishings Association Spotlights new Voluntary Safety Standards for Tip Restraint Devices

Customer safety related to preventing tip-over accidents is a top priority for furniture manufacturers and federal regulators alike. In April 2023 the ASTM 2057-23 voluntary standard became mandatory when the CPSC determined...more

More Alleged Infringement of Chandelier Designs Come to Light in the Southern District of New York

Plaintiff alleges infringing sales also breached exclusive manufacturing agreement - New York corporation Hudson Furniture, Inc. claims a former manufacturer violated Federal and state law by selling and offering for sale...more

“Harbour” vs. “Harbor” - Trademark Infringement Allegations at the Center of California Dispute

Lurline Bay LLC v. Harbor Classic LLC, Case No. 23-cv-05652 (C.D. California, July 13, 2023) - Recently, we wrote about a Chicago-area furniture retailer Darvin Furniture & Mattress suing e-commerce company Wayfair for...more

Court of Appeals to Debate Whether Design Patent Obviousness Test Contradicts Current Utility Patent Precedent

LKQ Corporation, Keystone Automotive Industries, Inc. v. GM Global Technology Operations, LLC, Case No. 21-2348 (U.S. Court of Appeals for the Federal Circuit, June 30, 2023) - The Court of Appeals for the Federal Circuit...more

What’s in a Name? Chicago’s Darvin Furniture & Mattress Claims Trademark Violation in Lawsuit Versus Wayfair

Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023) Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin...more

Furniture Augmented Reality Technology at the Center of Patent Infringement Dispute

AR Design Innovations LLC v. Rove Concepts Ltd., Case no. 2:23cv310 (E.D. Texas, June 26, 2023) - Virtual and augmented reality technology increasingly is finding a place in a wide range of industries, and home...more

Non-Remote Manufacturing in a Remote World

Manufacturers are encountering myriad challenges as they address delays sourcing materials and producing goods, while meeting the expectations of retailers and consumers who expect fast delivery. The challenges present...more

China Announces Long-Awaited—and Significant—Updates to Intellectual Property Protections

For months, global patent practitioners have been expecting China to announce sweeping, significant changes to the nation’s system of intellectual property laws—and they were not disappointed. On Oct. 17, the Standing...more

Key IP Questions For Emerging Businesses

Are you starting a new company or business venture? Launching an exciting new product or expanding into a new business line? Congratulations. Just remember, if you wind up with a high-growth opportunity, it can often pay big...more

“Gimme a C!” (for Copyright): Supreme Court to Weigh Cheerleader Apparel Copyright Case

Are cheerleading outfits functional “useful items” that normally are ineligible for copyright protection? Or do they contain distinct design elements that allow for copyright ownership? ...more

Clinton vs. Trump: How the U.S. Presidential Election Could Impact IP Law

A great deal has been made of the distinct policy differences between Democratic Presidential Nominee Hillary Clinton and Republican Nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But...more

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