Jonathan Pink — Entertainment, Internet and New Media Partner at Lewis Brisbois, LLP Rotating Header Image

Fishing for Trademark Infringement; Design Patent Gets the Hammer

Look at this: two in one day.  Yes, two posts.  Count ‘em, one-two.  Ok, so it’s hardly the New York Times, but then again, I do have a day job.

And in keeping with two, just two quick notes (in case I never get around to writing the full story on these) on two cases:

The first, just filed: Pepperidge Farm Inc., maker of the Goldfish crackers (aka food you shouldn’t be serving those you love – fish yes; fish shaped crackers made in processing plant, no) is suing Gymboree Corp. for trademark infringement claiming that the tyke-clothing-co/mall-favorite’s line of kids’ garb (called “Little Goldfish”) infringes the Farm’s Goldfish marks.  Umm, likelihood of confusion mean anything to you folks?  Somebody might consider eating more fish – and not the gold kind.

The second case is a recent decision out of the Fed Cir. (hey, the second for today!) in which the learned judges upheld a lower court’s decision that tool maker Stanley Works, Inc. did not – did not (hey, it’s two-fer day) infringe a patent for a combination hammer-crowbar when making its Fubar product.  The court ruled that a product’s functional elements must be discounted when analyzing whether a design patent has been infringed.

Now, who comes up with a combo hammer-crowbar?  And are they doing time?

Jonathan Pink is a business attorney specializing in intellectual property and commercial litigation.  He is resident in the Irvine (Orange County) and Los Angeles Offices of Bryan Cave, LLP.

Jonathan Pink is a business lawyer with a specialty in copyright, patent and trademark litigation. His clients include many of the biggest names in the automotive and motorcycle aftermarket parts industries, and one of world's largest media companies. He has extensive experience in a wide range of intellectual property and commercial disputes including breach of contract, fraud, and the misappropriation of trade secrets. He can be reached at 949.223.7173, or at, and his full profile can be viewed at

2 Comments on “Fishing for Trademark Infringement; Design Patent Gets the Hammer”

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