Blog Archives

David Newman

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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Judith Grubner

Arnstein & Lehr Chicago Partner Judith L. Grubner published an article in the November issue of The Intellectual Property Strategist titled “Seventh Circuit Protects Trademark Licensees in Bankruptcy Court.” The article discusses Section 365(a) of the Bankruptcy Code, which allows a bankruptcy trustee to reject the executory portion of contracts made with the debtor, and the conflict between the Circuits caused by the recent Seventh Circuit decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, rejecting the Fourth Circuit’s position that when a trustee rejects an executory trademark license, the licensee loses all rights to use the licensed trademarks. The 7th Circuit concluded that rejection of a trademark license was similar to rejection of a lease, which does not end the tenant’s right to possession of the premises.

To read the article in full, please click here.