Tag: Registered designs/design patents

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A successful year for trade marks and designs worldwide
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Jury awards profits for infringing sales in post-Samsung design patent case
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A Right (Design) Carry-On!

Jury awards profits for infringing sales in post-Samsung design patent case

On September 29, a jury in California awarded Columbia Sportswear more than US$3.4 million for infringement of its design patent on heat-reflective technology for clothing and outdoor gear.  Columbia accused Seirus Innovative Accessories of infringing its utility and design patents for its wavy lining material, which reflects body heat, but allows for breathability and moisture-wicking. This appears to be the first jury verdict on a design patent after the Supreme Court’s decision in Samsung v. Apple.

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A Right (Design) Carry-On!

By Briony Pollard and Serena Totino

Designers will be disappointed by the recent Supreme Court decision in the long running Trunki (suit) case between Magmatic and PMS International, which finally put to bed whether surface decoration could and should form part of the global comparison test when assessing infringement of a Registered Community Design (RCD).

In 2013 Magmatic Ltd., manufacturer of ‘Trunki’, the ride-on suitcases for children, attempted to enforce its RCD against PMS International Group plc, importer and seller of the ‘Kiddee case’ in the UK and Germany.

Both Trunki and Kiddee cases are designed to look like animals, both have four wheels, a clasp at the front and a saddle-shaped top making the cases easy for children to ride on. The differences between the cases are largely limited to colour and the ‘protuberances’, which look like horns in the Trunki case and antennae or ears in the Kiddee case.

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