Decision Date: September 30, 2011 -

Court: D. Maryland -

Patents: D523,263 -

Holding: Defendants liable for design patent infringement -

Opinion: Plaintiff, Victor Stanley, Inc. sued Creative Pipe, Inc. for infringement of U.S. Design Patent D523,263, entitled End Frame for a Bench. Victor Stanley sells park benches, including a number of similar benches in the Framers Modern Series. Creative Pipe made competing park bench called the Nebelli Bench and the Necati Bench. The court found Creative Pipe liable for design patent infringement and further awarded damages and attorney fees to Victor Stanley and ordered a permanent injunction against the Nebelli bench.