South Bend, Indiana – Patent counsel for Miche Bag, LLC of Riverton, UT, filed a lawsuit alleging The Marshall Group, Inc. d/b/a Sierra’s of Elkhart, IN, infringed the following design patents issued by the U.S. Patent Office: Patent No. D610,801, titled BASE HANDBAG WITH INTERCHANGEABLE HANDBAG COVER; Patent No. D611,705, titled HANDBAG; and Patent No. D613,062, titled INTERCHANGEABLE HANDBAG COVER.
The complaint states that the defendant offers handbag products having ornamental features which are substantially similar to those claimed in the plaintiff’s design patents. The plaintiff also brings a cause of action for trade dress infringement, alleging that it has, through continuous use in commerce, developed rights in a combination of features on its purses and handbags, such as removable decorative covers and the shapes of its bags and their buckles.
Practice Tip: A design patent covers a functional article’s claimed original and ornamental features, and the question of whether a design patent is infringed is answered from the viewpoint of a hypothetical “ordinary observer.”Complaint – Miche v. Marshall
Further information about this case is as follows:
Filed: April 9, 2010 as 3:2010cv00129 Updated: June 16, 2010 21:16:37
Last Document Filed: April 9, 2010
Plaintiff: Miche Bag LLC
Defendant: Marshall Group Inc The
Referring Judge:Christopher A Nuechterlein
Cause Of Action: Patent Infringement