Identifying which rack designs on the market are patented, especially among the many styles, can be challenging. For example, an in-depth patent search of the trapezoidal storage rack in this case should have been able to determine whether it was protected by a patent. However, patent search is not invulnerable, and the patent does not disclose information at the application stage, which constitutes a blind spot for searching.
Case information
案件号：24-cv-03318
Case filing time: April 24, 2024
Plaintiff: K**o
代理律所：Dewitty And Associates, Chtd.
With its unique creativity, the storage shelf product launched by the plaintiff has become a market leader on the Amazon platform, enjoying an excellent reputation and high praise. This storage rack breaks through the convention with its trapezoidal design, making it easy to reach and keep your desk organized, perfect for placing daily necessities such as alcohol, kitchen spices, oil, vinegar and spices.
The product has successfully applied for a design patent, and the litigation in this case stems from the infringement of the design right of this patent-protected product.
Case information
案件号：24-cv-03297
Case filing time: April 24, 2024
Plaintiff: G**o
代理律所：Whitewood Law PLLC
The plaintiff designed a flying ball toy called Flying Orb Ball, which has intelligent flight functions: when the user places their hand under it, the flying ball rises, and when the hand is placed on top of the ball, it performs reverse flight. If the player throws it, the flying ball will show a variety of flight paths and gyratory effects according to different throwing angles and speeds. Made from high-quality materials, the product is soft, fall-resistant and durable, and lightweight and flexible, allowing it to stop flying autonomously when it encounters obstacles.
The plaintiff applied for a design patent for this ingenious product and registered three copyrights. The plaintiff filed a lawsuit (case number "24-cv-00147") on January 5 this year against the alleged infringement of the rights of the product, but because the details of the case have not been made public, the public has not been informed of the rights protection information until today. Please note that the relevant patents and images are protected and unauthorized use is prohibited.
Appearance patents
U.S. Copyright
(Each image has a separate copyright registration)
Case information
案件号：24-cv-03253、24-cv-03238
Case filing time: April 23, 2024
原告：Rachel Sarah Anderson
Law Firm: Keith
Anderson is a graphic artist who works to bring fairies and fantasy female figures to life. Her works are full of life and character, aiming to transport the viewer into an unknown world full of imagination. She hopes that her art will be a temporary escape from reality, even if it is only for a day, and bring them joy, magic and happiness.
Anderson sells art on her personal website and works with companies to license her work for T-shirts, cards, sculptures, accessories, and other merchandise.
The sales of these products on the e-commerce platform are booming, and many sellers should be implicated. Jude advises all sellers who sell similar or the same product to quickly remove relevant products from the shelves, and pay close attention to email notifications and whether the withdrawal is normal. If you see a letter in your mailbox with the words "24-cv-......", you have received a notice of litigation, and an abnormal withdrawal may be a sign that you are being sued.
Usually, receiving an email with the title "Preliminary Injunction" means that the funds are frozen. Once the funds are frozen, you must take settlement or response action. If you do not take any action at the end of the case, the frozen funds will not be returned and will go to the plaintiff. Ignoring the problem is no solution.
At the same time, many sellers also have a misunderstanding, thinking that after paying compensation to the plaintiff, they can return to their old business again and continue to infringe on the same brand. This behavior will lead to re-prosecution. A settlement is only valid for the infringement at hand, and is not a "gold medal for avoiding death". If you accidentally infringe on the above-mentioned patents or copyrights, you can contact Jude, and the general infringement case can be handled within 1 to 1.5 months.