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.