JW Reilly, a business run by Judith Reilly to sell her sterling silver products, sued Swiss shoemaker Bally, accusing Bally of infringing a design patent on a shoe buckle. The design, set forth in U.S. D667,212, appears to be a clip-on accessory, as opposed to a true buckle, that has a rectangular face and that clips over the front, toe portion of a shoe. JW Reilly sells buckles asserted to be embodiments of the design patent in which the buckle can be engraved with wording, initials or a design.
Ms. Reilly asserts that she approached the manager of Bally’s Copley Place store in 2013 to discuss hosting a fund-raising event to support the Boston One Fund, a charity to assist families of those killed or injured in the Marathon bombing. In connection with her proposal, she asserts that she provided a description and photograph of her buckles that specifically indicated that they were protected by the ‘212 patent. Bally’s declined to participate in the proposed fund-raiser.
Ms. Reilly indicates that she subsequently became aware that Bally was offering three shoe designs that included buckles that she believes to be infringements of her patent. She asserts that Bally copied her design. The case has been assigned to Judge Saris.
Acushnet filed an amended complaint, adding a claim that Golf Gods infringes Acushnet’s D763,682 design patent covering the ornamental design of its golf ball packaging. This adds to the trademark and trade dress infringement claims previously filed by Acushnet, which makes Titleist and Footjoy golf products.
Helping Hand makes and sells a line of TRU-GRIP products for reaching and picking up objects. Helping Hand obtained a pair of design patents covering the gripping end of the products, and accuses Vive Health of infringing these patents. It seems unlikely that Massachusetts is the proper venue for this lawsuit; while Helping Hands has a division located in Stoughton Massachusetts, Vive Health is located in Florida, and there are no allegations that it maintains a regular place of business in Massachusetts.
Global Protection is a condom company formed by Tufts graduates in 1988. Global and its Malaysian owner/manufacturer, Karex Berhad SDN BHD, bring charges of trademark infringement, design patent infringement and unfair competition against Eric Arthur and his company, MSC of Fort Smith, doing business as MSCI. Global has an incontestable mark for “ONE” for use with condoms, and Karex owns a design patent on a foil package for a condom.
MSCI sells condoms in a similar foil package with a large “1” on the packaging, which Global alleges will likely cause confusion. Global seeks injunctive and monetary relief as well as fees and costs.