Posts Tagged: "design"

In Curver Luxembourg SARL v. Home Expressions, Inc. (CAFC, Sept. 12, 2019)—which already has become a rather infamous design patent case—the claims at issue recited an “ornamental design for a pattern for a chair,” while the figures illustrated only the fabric pattern, not associated with any article of manufacture. The alleged infringing article was a basket, and the Federal Circuit held “because we agree with the district court that the claim language “ornamental design for a pattern for a chair” limits the scope of the claimed design in this case, we affirm.” While the case may thus be disheartening for those who would seek to broaden the scope of protection obtainable via a design patent to surface ornamentation separable from an article of manufacture (which the Court takes care to say is within the sole purview of copyright protection), what the Court takes on one hand, it gives on another.

On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). The case was based on Bodum’s allegation that A Top infringed Bodum’s unregistered trade dress in its Chambord® French press coffee maker design and squarely addressed the doctrine of “functionality” of trade dress. The court addressed two important issues related to functionality: (1) what type of evidence is necessary to prove functionality of a particular design and (2) under what circumstances are utility patents relevant to that analysis?

British automaker Jaguar Land Rover (JLR) has been engaged in a multi-jurisdiction battle against Chinese automaker Jiangling Motors (Jiangling) over JLR’s assertions that Jiangling copied distinctive design features of JLR’s RANGE ROVER Evoque (EVOQUE) in the LANDWIND X7 vehicle. JLR previously successfully took action in Brazil and the European Union, resulting in injunctions against the sale of Jiangling’s LANDWIND vehicle in those jurisdictions. JLR’s latest efforts has yielded additional success against Jiangling’s sale and production of the LANDWIND X7 in China, Jiangling’s home base. On March 13, the Beijing Chaoyang District Court in China found Jiangling liable for unfair competition in connection with the sale and manufacturing of the LANDWIND X7, finding that certain design features of the LANDWIND vehicle are “essentially identical” to JLR’s distinctive design features for the EVOQUE. This decision is the first case under China’s 2017 Anti-Unfair Competition Law to find in favor of a foreign company in the auto industry.

Brainstorming, whiteboards and a 3D printer constantly humming. The Invention Lab of Enhance Innovations is always a flurry of innovative activity. If you are an invention nerd a trip to Enhance Innovations is an opportunity to really geek-out… For me, the real interesting piece of what Enhance does is their work with concepts. Many times inventors will come to me with more than an idea but less than an invention, which can be a real valley of death for inventors to navigate. So many good ideas get trapped in the uncomfortable space between something more than an idea and something less than a full-blown tangible invention.