· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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