The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a power shade system and described as “clean” and “seamless” were not entitled to trade dress...more
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
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
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
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
We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more
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
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On September 1, 2023 the Trademark Trial and Appeal Board (TTAB) issued a nonprecedential...more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 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
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
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
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
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
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