JD Supra

Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement ...
JD Supra

Flawless Legs and a Shaved Head? An Ordinary Observer Can Tell the Difference

In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. Skull Shaver LLC. v. IdeaVillage Products Corp., No.18cv3836 (EP) ...
IPWatchdog

Federal Circuit Finds District Court Correctly Applied Ordinary Observer Test

“The CAFC explained that the ‘ordinary observer’ test is not an element-by-element comparison but recognizes that designs often include both functional and ornamental elements. Thus, according to the ...