By Anne-Raphaelle Aubry
| February 11, 2014
Over the past 6 months the Gillette Company (Gillette) has filed two different complaints asserting infringement of numerous design patents to protect several of its razor blade related products.  In the first case, Gillette recently obtained a consent judgment, illustrating the value of design patents in its patent portfolio.  The second case is ongoing.

First, on October 10, 2013, Gillette filed a complaint against BK Gifts, BK Razors, Brian Patrick, Kim Murry, and Zilo Store, Inc. (collectively, “Defendants”), in the Southern District of Ohio (Gillette Company v. BK Gifts, transferred to the Northern District of Ohio, Docket No. 3-13-cv-02241-1).

The suit related to the following six design patents, which Gillette asserted covered the “valuable, unique and distinctive ornamental distinctive and non-functional design” of their razors:

  • D415,315 (’315 patent), issued on October 12, 1999, claiming “the ornamental design for a razor cartridge,”
  • D422,751 (’751 patent), issued on April 11, 2000, claiming “the ornamental design for a razor blade cartridge,”
  • D430,023 (’023 patent), issued August 29, 2000, claiming “the ornamental design for a container,”
  • D440,874 (‘874 patent), issued April 24, 2001, claiming “the ornamental design for a container,”
  • D531,518 (’518 patent), issued on November 7, 2006, claiming “the ornamental design for a dispenser for razor cartridges,” and
  • D575,454 (’454 patent), issued on August 19, 2008, claiming “the ornamental design for a shaving blade unit.”
The ’315 patent is set to expire on October 12, 2013 and the ’751 and ’023 patent will expire in 2014.

Figure 1 of the ’751 patent, Figure 1 of the ’518 patent, and Figure 1 of the ’454 patent are shown below, respectively.

mponent of their business on direct copies and near exact imitations of Gillette’s product as embodied in the design of the ’751 patent.

Gillette filed for injunctive relief and damages, individually and collectively for joint and several liability, and for willful infringement from both JCG and PNL.  Gillette further requested an assessment of Gillette’s damages and/or Defendant’s profits, an award of attorneys’ fees to Gillette. A trial by jury was demanded.  This case is ongoing.

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