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· 10/10/1995

William A. Elmer and Hth, Inc. v. Icc Fabricating, Inc., and Take-Out Express, Inc.

Citations

  • 67 F.3d 1571
  • 36 U.S.P.Q. 2d (BNA) 1417
  • 1995 U.S. App. LEXIS 28038
  • 1995 WL 594489

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding focus is on the overall ornamental features of the design
  • applying the \as shown and described\ language in a design patent to \limit[ ] the scope of [a] patent claim\
  • “[T]he focus is on the overall ornamental appearance of the claimed design, not selected ornamental features.” (emphasis original)
  • “The claimed design, as indicated above, is limited to a vehicle sign having, inter alia, triangular vertical ribs and an upper protrusion. ICC’s sign lacks these ornamental features.”
  • trade dress refers to product packaging and the design of the product itself
  • fact finder conducts visual examination to determine substantial similarity

Source: CourtListener parenthetical corpus (CC0).

Judges: Nies, Lourie, Clevenger

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.