The Case
High Point Design manufactures and distributes the Fuzzy Babba slipper, while its competitor, Buyer’s Direct, manufactures and distributes the Snoozie slipper. Buyer’s Direct sent High Point a cease-and-desist letter alleging that the Fuzzy Babba slipper infringed on the Snoozie’s design patent.
High Point responded by seeking a declaratory judgment that the Fuzzy Baba’s design does not infringe on the design patent. Buyer’s Direct filed a counterclaim for patent and trade dress infringement, alleging that High Point was infringing the patent by manufacturing, importing, selling and/or offering for sale the Fuzzy Babba slipper.
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