By Patrick Miller
| January 27, 2015
On January 22, 2015, Oakley, Inc. (“Oakley”) filed a complaint against ICU Eyewear, Inc. (“ICU Eyewear”) in the Southern District of California (3-15-cv-00150-LAB-NLS), alleging design patent infringement of U.S. D469,458 directed to an Eyeglass Front; U.S. D556,818 directed to Eyeglass Components; and U.S. D692,047 directed to an Eyeglass. The very next day, Oakley again asserted U.S. D692,047 in the Southern District of California (3-15-cv-00162-MMA-MMD), this time against Dang Shades, LLC (“Dang Shades”).


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By Colin B. Harris
| January 8, 2015
Riddell, Inc. (“Riddell”) filed a complaint against Rawlings Sporting Goods Company, Inc. (“Rawlings”) in the Northern District of Illinois alleging infringement of various patents related to sports equipment, including U.S. Pat. No. D603,100 to a Sports Helmet. Figures from the patent are provided below.

The complaint alleges that the claimed design is infringed by Rawlings’ sports helmets, including at least the Tachyon, Impulse, Quantum, Momentum, and Force model name football helmets and the baseball helmets identified with S100, S90, S80, and S70 series name.
    Rawlings Quantum                      Rawlings S90PA

The complaint did not include images of the allegedly infringing helmets. However, the Rawlings helmets above, which were found via an online search, appear to have the same names as those listed in the complaint.

Interestingly, the complaint alleges that Rawlings had knowledge of U.S. Pat. No. D603,100, for example, because it was cited on Rawlings’ U.S. Pat. No. D699,895.
By Patrick Miller
| November 11, 2014
The U.S. Patent and Trademark Office (“USPTO”) recently updated its public and private Patent Application Information Retrieval (“PAIR”) graphical user interfaces to provide access to information regarding design applications filed pursuant to the Hague Agreement.  Such information will not be available, however, until entry into force of the Hague Agreement with respect to the U.S., which will occur three months after the U.S. deposits its instrument of ratification with the International Bureau of the World Intellectual Property Organization (“WIPO”), unless that instrument specifies a later date.

Generally speaking, the Hague Agreement establishes an international registration system which facilitates protection of industrial designs (i.e., design patents) in member countries and intergovernmental organizations (“Contracting Parties”) by way of a single, “standardized” international design application filed either directly with the International Bureau of WIPO or indirectly through an applicant’s Contracting Party.

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By David. M. Longo, Ph.D.
| September 15, 2014
On September 8, 2014, Judge Otis D. Wright, II, U.S. Dist. Ct., C.D. Calif., issued an Order keeping alive a claim for design patent infringement while booting other asserted claims in a Motion to Dismiss under F.R.C.P. 12(b)(6). See Deckers Outdoor Corp. v. J.C. Penney Co., Inc., C.D. Cal., Case No. 2:14-cv-02565-ODW(MANx) (“Order Granting in Part Motion to Dismiss with Partial Leave to Amend,” Doc. 30, Sept. 8, 2014).

Deckers Outdoor Corporation (“Deckers”) is known for its famous UGG® sheepskin and suede boots, among other products, sold online and at retail stores throughout the U.S. According to Deckers, its UGG® line of boots began a metaphorical ascent into the stratosphere after being featured on Oprah Winfrey’s television show in 2000, when Oprah supposedly “emphatically declared … how much she ‘LOOOOOVES her UGG boots.’” See First Amended Complaint, Doc. 18, ¶ 12. This ascent continued, as many well-heeled celebrities embraced the boots and were photographed wearing them. With such a stamp of fashion approval, one can easily understand that Deckers would do whatever it could to protect its valuable image, brand, and products from harm by imitators seeking to capitalize on Deckers’ success.

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By Patrick Miller
| August 1, 2014
The U.S. International Trade Commission (ITC) recently concluded its investigation into "Certain Tires and Products Containing Same" (Investigation No. 337-TA-894), finding in favor of Toyo Tire & Rubber Co. Ltd. of Japan (hereinafter "Toyo") et al. against a sizable number of non-U.S.- and U.S.-based tire companies. A link to the notice is provided here.

In particular, previously finding certain respondents in default, the ITC issued (1) a limited exclusion order against respondents' infringing products, and (2) cease and desist orders directed against each of the Defaulting Respondents. The following Toyo design patents, directed to tire tread designs and tire sidewall designs, formed the basis for the orders:

  • US D487,424;
  • US D610,976;
  • US D610,977;
  • US D626,913; and
  • US D458,214.

Previously reported here, the orders followed Toyo's complaint filed August 14, 2013 and the ITC's subsequent decision to institute an investigation on September 16, 2013. As summarized in the Notice, the supplemented complaint alleged violation of section 337 by reason of infringement of the above-indicated design patents, as well as US D610,975; US D615,031; and US D653,200. The complaint and notice were subsequently amended to add Shandong Hengyu Science & Technology Co., Ltd. as a respondent, and several respondents were terminated from the investigation based on settlement agreements and consent orders.