Pattishall IP Blog

March 31, 2010

Fed. Circuit Reverses ITC: Over-Reliance on Verbal Description of Design Patent Claim Unduly Emphasizes Particular Features Instead of Overall Design

Filed under: Design Patent — Tags: , — Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP @ 3:49 pm

by Teresa Tambolas, Patent and Trademark Attorney

In Crocs Inc. v. International Trade Commission, 93 U.S.P.Q.2d 1777 (Fed. Cir. 2010), the Court of Appeals for the Federal Circuit reversed an International Trade Commission (“ITC”) finding of non-infringement that relied on a detailed verbal construction of a design patent claim.  Due to the ITC’s reliance on the verbal construction, the Court found the ITC placed undue emphasis on particular features of the design rather than the design as a whole.

Crocs Inc. (“Crocs”) owns design and utility patents covering footwear (see, e.g., figure at left).  In 2006, Crocs filed an ITC complaint against eleven companies, alleging unfair competition under 19 U.S.C. § 337 for importing infringing foam shoes.  Section 337 empowers the ITC to bar importation of products that infringe intellectual property rights. (more…)

October 30, 2009

Trademark Trial and Appeal Board Holds that a Formerly Registered Mark is Not Automatically Entitled to Re-Registration

Filed under: TTAB — Tags: , , — Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP @ 4:54 pm

by Teresa Tambolas, Patent and Trademark Attorney

In In re Davey Products Pty Ltd., 92 USPQ 1198 (TTAB 2009), the Trademark Trial and Appeal Board affirmed the Trademark Office’s refusal to re-register a trademark based on a likelihood of confusion with two registered marks that it had coexisted with on the Register.

Davey Products Pty Ltd. (“DP”), had owned a registration of DAVEY for “electric motors for machines; waterpumps with fluid flow or pressure control for domestic, industrial and commercial use; and parts and fittings therefore” (Reg. No. 2,327,761).  The Trademark Office cancelled this registration because DP failed to file a declaration of continued use under Section 8 of the Trademark Act.  About a month after this cancellation, DP filed a new application to register the same mark for the same goods. (more…)

August 6, 2009

Chicago Design Patent Attorney Explains How An Obviousness Challenge Can Trump a Motion for Preliminary Injunction in a Design Patent Case

Filed under: Design Patent — Tags: , — Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP @ 3:40 pm

by Teresa Tambolas, Patent and Trademark Attorney

On June 3, 2009, the Federal Circuit affirmed the U.S. District Court for the Southern District of Iowa’s denial of a preliminary injunction in a design patent infringement case, Titan Tire Corp. v. Case New Holland Inc., 90 USPQ2d 1918 (Fed. Cir. 2009).

The patent at issue claims a tractor tire design (depicted below).  Titan Tire Corp. (“Titan”) sued Case New Holland Inc. (“CNH”) for design patent infringement, alleging that CNH sold backhoes equipped with infringing tires.  Three months later, Titan moved for a preliminary injunction.  In denying the motion, the trial court found that Titan was likely to succeed in showing infringement and in withstanding a challenge to the design patent based on functionality grounds, but that the design patent likely would not survive a challenge to its validity on obviousness grounds. (more…)

April 27, 2009

Chicago Trademark Attorneys meet with Russian IP Delegation

Filed under: Internet, Pattishall — Tags: , , , , — Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP @ 4:20 pm

On behalf of the ABA and the International Visitors Center of Chicago, Pattishall trademark attorneys Jonathan Jennings, Phillip Barengolts and Teresa Tambolas, along with the Firm’s Information Resources Coordinator, Diana Koppang, met with a delegation of intellectual property rights professionals from Russia. The professionals were invited to the U.S. by the Department of State’s International Visitor Leadership Program to inform them about U.S. perspectives on navigating trademark and copyright laws on the Internet and in e-commerce.

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