Syndicate Sales Sues for Declaratory Judgment on Garcia Group Design Patents

Indianapolis, Indiana – Patent lawyers for Syndicate Sales, Inc. of Kokomo, IN, filed a patent declaratory judgment suit seeking a ruling that two design patents held by Garcia Group, Inc. of Atlanta, GA, are not infringed and invalid. The challenged patents, as issued by the U.S. Patent Office, are U.S. Patent Nos. D614,530 and D614,531.

The defendant previously filed a lawsuit in federal court in Georgia against the plaintiff, alleging copyright infringement and unfair competition. In this case, the plaintiff seeks a ruling that the ‘530 and ‘531 design patents, which are directed to faceted vases, are not infringed under the “ordinary observer” test and are invalid due to the defendant’s withholding of relevant information during the prosecution of its patent applications.

This case has been assigned to Judge William T. Lawrence and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana, and assigned case no. 1:10-cv-00545-WTL-DML.

Practice Tip: A design patent protects the ornamental features of an object while the more commonly seen utility patent protects how a device functions.

Complaint – Syndicate v. Garcia

Further information about this case is as follows:

Filed: April 30, 2010 as 1:2010cv00545 Updated: August 5, 2010 03:13:57

Plaintiff: SYNDICATE SALES, INC.

Defendant: GARCIA GROUP, INC.

Judge: William T. Lawrence

Cause Of Action: Patent Infringement

Court:

Seventh Circuit > Indiana > Southern District Court

Type:Intellectual Property > Patent

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