Arnstein & Lehr Chicago Partner David L. Newman published an article in the November issue of Intellectual Property Magazine, titled “Lululemon takes Calvin Klein to the mat.” The article discusses Lululemon’s lawsuit accusing Calvin Klein of infringing three design patents relating to its yoga pants that have a layered waistband appearance. The focus of the lawsuit against Calvin Klein, Mr. Newman writes, rests on the ornamentality and novelty of the waistband portion. Mr. Newman explains that unlike a utility patent, a design patent focuses on the ornamental features of a product and not its functional or utilitarian aspects. He comments that prominent firms are relying more frequently on design patents to protect their valuable IP.
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