Design Patent Case Digest: Z Produx, Inc. vs. Make-Up Art Cosmetics, Inc.
- Tracy-Gene G. Durkin and David K.S. Cornwell
- Sterne, Kessler, Goldstein & Fox
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.
MAC also sells a cosmetic palette with an empty base and a clear top window. MAC’s palette, however, has flush edges, a triangle-shaped hinge, and a narrow rim framing the window. MAC moved for summary judgment of non-infringement. MAC also moved, in the alternative, for summary judgment of patent invalidity.
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