Pencil thin: Lanard Toys Ltd v Dolgencorp LLC

By: Irah H. Donner
– Intellectual Property Magazine

Intellectual property protection and enforcement partner Irah Donner authored an article for Intellectual Property Magazine discussing the Federal Circuit’s decision in Lanard Toys Ltd. v. Dolgencorp LLC, which held that the scope of claimed design was limited by the prior art. In the article, Donner called the decision “instructive” because the “scope of design protection was significantly limited in view of the prior art,” noting that “when the prior art is close, as in this case, small differences between the accused design and the patented claimed design can be important to the ordinary observer when determining infringement.”

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