Design Patent Case Digest: Z Produx, Inc. v. Make-Up Art Cosmetics, Inc.

Decision Date: November 5, 2013 -

Court: Central District of California Patents: D642, 743 -

Holding: Make-Up Art Cosmetics’ motion for summary judgment of non-infringement is GRANTED -

Opinion:

Plaintiff Z Produx, Inc. sued Make-Up Art Cosmetics, Inc. (“MAC”) for infringement of U.S. Design Patent D642, 743.

The ‘743 patent depicts a cosmetic palette with a clear top window and an empty base. The palette has a book-like appearance, with a flat spine and sides that extend beyond the middle part of the palette. It also has a relatively wide rim framing the clear window. Z Produx, the owner of the ‘743 patent, sells a cosmetic palette called the Z Palette. The Z Palette resembles the design of the ‘743 patent and is marked as being covered by the ‘743 patent.

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Topics:  Design Patent, Patent Infringement, Patent Litigation, Patents

Published In: Civil Procedure Updates, Communications & Media Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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