OfficeMax is in the business of providing office supplies and paper, print and document services, technology products and solutions, and furniture to businesses and consumers. Frontal Group specializes in manufacturing and exporting promotion items and fashion jewellery. Frontal Group (director Kendrew Wang) operates its business through the online store thearcticstore.com. The Architect stylus is the first product released under the Arctic brand.
The patent USD572755 involved in this suit is currently assigned to OMX. (source: MaxVal’s Assignment Database). OfficeMax is the exclusive licensee of the ‘755 patent. The patent entitled Marker and cap was issued on July 08, 2008 and expires on July 20, 2022.
According to the complaint, plaintiff alleges that the defendant infringes the ‘755 patent through its sale of product Architect stylus for iPad and other electronic tablets which resembles the ornamental design of the above patent. OfficeMax launched a new design in highlighter-pens covered by the ‘755 patent under brand name TUL. The ornamental design of the ‘755 patent is illustrated in fig.1. Fig. 2 is a picture of architect stylus. Fig 3 is a picture of TUL highlighter pens sold by OfficeMax.
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