#visualadvocacy — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #visualadvocacy, aggregated by home.social.
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Let's talk first about this image. The plaintiff's product, if any, is not per se relevant to the question of design patent infringement. If it is a commercial embodiment of the claimed design, it can be used in the analysis. This might be a commercial embodiment. But does including the picture help the plaintiff here? To my eyes, it just highlights the differences between the claimed and accused designs (e.g., the dots). #VisualAdvocacy
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Of course I'm curious about the merits of the trade dress claim. So I pulled the brief in support of the motion for PI:
https://www.scribd.com/document/707059946/UATP-v-Kangaroo-Brief-ISO-PI
The very first set of pictures submitted is....not very compelling.
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More blood in the water in this TOB #ScheduleA case: Another motion to dissolve (filed by the same counsel as the aforementioned motion): https://storage.courtlistener.com/recap/gov.uscourts.vaed.545461/gov.uscourts.vaed.545461.74.0.pdf
This defendant argues, among other things, noninfringement and invalidity.
This is another good example of effective #VisualAdvocacy.
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The inclusion of the plaintiff's commercial embodiment in this chart, however, is an odd choice with respect to #VisualAdvocacy.
The test for design patent infringement involves comparing the accused product with the claimed design, NOT with the patentee's product (with some limited exceptions).
Beyond that, though, including the plaintiff's product makes the accused product look LESS similar because it includes the (unclaimed) angled bottom shape.
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This case has some interesting examples of #VisualAdvocacy.
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If I were the defendant, *this* is the image I'd use for comparisons (with an image of the wheel-less accused frame). #VisualAdvocacy
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This Exhibit to the brief is interesting. The claim here is pretty difficult to parse, due to the angles and the dotted lines and this chart appears to be an attempt to clarify what is and isn't claimed (at least in Conair's view).
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This is...not an image I would have used here. #DesignPatents #VisualAdvocacy #Litigation #ColumbiaVersusSeirus