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11 Feb 9:17 am
... recent action (link goes to the complaint) filed by the University of Chicago Medical Center against HLM Design, Inc. (N.D. IL, Case No. 2009 cv 730) The University is
suing HLM for breaching its contract for the design of the UofC's Comer Children's Hospital. The allegations are that HLM's designs "failed to include important elements,
failed to incorporate value engineering opportunities that would have saved UCMC money, and were inconsistent with applicable codes and regulations." The ...
18 Sep 12:01 pm
... we are concerned with today is fraud. In our previous posts on the case of Cordeck v. Construction Systems, Inc., we have discussed the issues raised by a bank, FMB, with a
mortgage on a property against which two mechanic's ... invalidating a lien claim and additional evidence as proof of constructive fraud: "In Lohmann Golf Designs, Inc. v.
Keisler, 260 Ill. App. 3d 886 (1994), the contractor filed liens against each of three separate properties for the full amount of the total claimed to be due, ...
13 Nov, 2008 10:17 am
... a patent infringement lawsuit at the Federal District Court in Los Angeles, accusing KP Fashion Company and Universal Display and Design, Inc. of patent infringement.
In 2003, the Plaintiff invented a new hanger design for high end clothing. U.S ... U.S. Patent & Trademark Office on February 22, 2005. The Plaintiff claims that it marks
every one of its hangers with its design patent number. The complaint alleges that Defendant Universal Display previously requested and was sent a quote for the ...
29 May, 2007 6:47 pm
... usually have ASLA or RLA after their name, indicating membership in the American Society of Landscape Architects, or "Registered Landscape Architect". Of course, when hiring any
design professional or contractor, check references, licensure and the State for any complaints. Radner Design, Inc. 215 Boston Post Road, Sudbury, MA 01776 ph:
978.443.9679 fax: 978.443.4636 e: mradner@radnerdesign.com web: www.radnerdesign.com
29 Sep 5:01 pm
The district split that we identified in our posting about K. Miller Construction Company, Inc. v. McGinnis (1st Dist. Doc. No. 1-08-2514) has another fracture. Last week, the
Illinois Second District Appellate Court handed down its decision in Artisan Design Build, Inc. v. Bilstrom (2nd Dist. Doc. No 2-08-0855). In case you don't feel like
re-reading, the split is over the Illinois Home Repair ...
13 Jan 9:47 am
... certain prior art designs; and whether the district courts should perform formal claim construction in design patent cases." Egyptian Goddess, Inc., 543 F.3d at
670. In its en banc decision, the Court disposed of the claim construction element ... it "does not present the risk of assigning exaggerated importance to small differences between the
claimed and accused designs relating to an insignificant feature simply because that feature can be characterized as a point of novelty." Id. at 677. When ...
21 Jan, 2008 10:04 am
... such claim construction: summary judgment. by George Raynal The effect of applying Markman to design patent claim construction prior to determining infringement has resulted
in an overwhelming likelihood ... record. Additionally, summary judgment of infringement has been granted in only four design patent infringement cases since Elmer.[5] A motion
for summary judgment of infringement ... WL 21998960 (S.D.N.Y. 2003); Mann Design Ltd. v. Farnam Companies, Inc., 2003 WL 1572008 (D.Minn. 2003); Fanimation ...
23 Sep, 2008 4:24 pm
... Gorham test: In a number of cases decided after Litton Systems, this court has interpreted the language quoted above to require that the test for design patent infringement
consider both the perspective of the ordinary observer and the particular novelty in the claimed design. See, e.g., Bernhardt, L.L.C. v. Collezione Europa USA, Inc., 386
F.3d 1371, 1383 (Fed. Cir. 2004); Contessa Food Prods., Inc. v. Conagra, Inc., 282 F.3d ...
19 Jul 11:02 pm
... , 4 n.10 (1982). Once again, the Board turned to the approach of In re Morton-Norwich Products, Inc., 671 F.2d 1332, 213 USPQ 9 (CCPA 1982), which set forth four factors to
be considered in determining whether a product design is functional: (1 ... that wheel will perform." The Board, however, disagreed with Applicant's approach: "The question is
not whether the design when viewed from a particular angle causes the wheel to work, but rather whether the arrangement of the spokes ...
16 Jan, 2007 4:12 am
... there is no evidence of the promotion of the product design in such materials. See e.g., In re Edward Ski Products, Inc., 49 USPQ2d 201 (TTAB 1999 ... have registered
these indicia as trademarks") and Wire Rope Corporation of America, Inc. v. Secalt S.A., 196 USPQ 312, 315 (TTAB 1977) ["Insofar ... manufacturers]. In short, the absence of
"look for" advertising or promotion of applicant's key head design is not a critical factor in this case. Further, in this case, there is competent evidence of consumer ...
23 Sep, 2007 7:44 pm
... the product itself."[15] However, there is a possible significant limitation on the trademark protection of fashion designs: functionality. The functionality doctrine
protects "the integrity of utility patents by prohibiting manufacturers from claiming functional aspects of ... Magazine (May-June 2005). [9] Id. [10] Jay Dratler, Trademark Protection
for Industrial Designs, 1988 U. ILL. L. REV. 887, 900 (1988). [11] See http://www.louisvuitton.com (last visited Sep. 21, 2007). [12] Cartier, Inc. v. ...
27 Feb 5:45 am
L.A. Printex Industries, Inc. created two-dimensional graphic designs that were used on textiles, primarily in the garment industry. L.A. Printex brought a copyright
action against a ... flowers and stems in nature. Hence, Simply Fashion's conclusion that Plaintiff's design elements are generic copies of natural phenomena is unsubstantiated.
Secondly, Judge Matz found that ... jury could find infringement. Documents: L.A. Printex Industries, Inc. v. Global Gold, Inc., 08 cv 7316 AHM, 2009 WL 453105 (C.D ...
17 Sep 10:06 am
... "The test is whether the complaint arguably asserts a form of liability covered by the policy." Hamlin Inc. v. Hartford Accident & Indem. Co., 86 F.3d 93, 96 ... s focus
appears improper. The court specifically rejected the notion that the product itself by virtue of its design constitutes advertising, even under St. Paul's broad definition of
that term. ... be true anymore with the recent spade of cases, including General Agents Ins. Co. of Am., Inc. v. Midwest Sporting Goods, Co., 828 N.E.2d 1092, ...
26 Nov, 2007 2:02 pm
... Egyptian Goddess will be remembered as the fairy godmother of design patents. [1] See, for example, Egyptian Goddess, Inc. v. Swisa, Inc., 498 F.3d 1354 (Fed
... proof that the accused device incorporates one or more of the "points of novelty" that distinguish the patented design from the prior art. The points of novelty test is thus
similar to a test of invalidity. [4 ... U.S. Design Patent No. 467,389. [5] Egyptian Goddess listed the following four points of novelty: (1) an open hollow body; (2) square ...
20 Nov, 2007 8:55 am
... sells more than $750 billion of apparel annually.[1] Major fashion design firms, such as Gucci, Prada, Armani, Ralph Lauren, and Chanel, produce ... and declined to sell its
products to retailers who sold clothing copied by other manufacturers from designs by FOGA members.[29] Violators of FOGA requirements, who sold to boycotted stores or sold ...
unfair competition, resulting in a monopoly.[31] One fashion design firm, A.B.S. Clothing Collection, Inc. (ABS), has built its entire business around copying ...
22 Sep, 2008 7:58 pm
... satisfied: 1) the "point-of-novelty" test and 2) the "substantial identity" test. Sun Hill Indus. v. Easter Unlimited, Inc., 48 F.3d 1193, 1197, 33 U.S.P.Q.2d 1925, 1928
(C.A.F.C. 1995); ... Y. 1994). Today, in Egyptian Goddess, Inc. v. Swisa, Inc., __ F.3d __ (Fed. Cir. 2008)(en banc)(Bryson, J.), the Federal Circuit reworked the test for
design patent infringement, holding that: On the basis of the foregoing analysis, we hold that the "point of novelty" test should no longer be used in the analysis ...
10 Jun 5:59 am
... S.C at 173, 246 S.E.2d at 177. Defendant Custom Ice Equipment, Inc. ("Defendant") designed and installed the machinery used by Georgetown. Plaintiff was instructed to
empty the ice storage bins, which were ... the jury could have determined that the construction of the catwalk by Georgetown was a foreseeable circumstance that required the
incorporation of protective shields in the design of the conveyor. Id. (but see note below). Therefore, the court held that the evidence created a factual question ...
22 Sep, 2008 12:31 pm
... 3d at 1116-17; see also Aminiak & Assocs., Inc. v. Saint-Gobain Calmar, Inc. . . . In some instances, the claimed design and the accused design will
be sufficiently distinct that it will be clear without more that the patentee ... court focused on the differences in the particular feature at issue rather than the effect of those
differences on the appearance of the design as a whole, we are satisfied that the difference on which the district court focused is important, viewed in the context of ...
18 Dec, 2008 5:25 pm
... amp;P advertising materials. The key issue in the court's view is whether the unique aesthetic design of the furniture may be considered in and of itself to be an advertising
idea or material such that its unauthorized use or ... idea' does not include the product itself."); Hosel & Anderson, Inc. v. ZV II, Inc., 2001 WL 392229, *2
(S.D.N.Y.2001) ... original product, could trigger a defense. Indiana Ins. Co. v. Super Natural Distributors, Inc., 2003 WI App 244, 2003 WL 22336427, at *10 (Wis. Ct. App ...
13 May 6:00 am
... to the Copyright Office's registration The Court also addressed the level of weight to be given to the fact that the Copyright Office registered the designs: The
determination of whether a work is "subject to copyright protection is a matter of law for the Court." William A. Graham Co. v. Haughey, 430 F. ... merely places the burden on the
defendant to prove that the work is not copyrightable. See Masquerade Novelty, Inc. v. Unique Indus., Inc., 912 F.2d 663, 669 & n.7 (3d Cir. 1990); see also ...
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