Points of Light Filed Suit against CleggPromo over a Design Patent

Plaintiff: Points of Light Inc.

Defendant: Clegg Industries dba CleggPromo

Case Number: 2:12-cv-07908

Date Filed: December 28, 2012

Court: New Jersey District Court

Patent-in-Suit: USD585490

The USD585490 is currently assigned[*] to Points of Light (source: Maxval’s Assignment Database). The patent entitled Writing instrument with display surfaces was issued on January 27, 2009 ad expires[†] by January 27, 2023. The patent describes the ornamental design for a writing instrument with display surfaces.

About the Parties:

Points of Light is a supplier of promotional products like goofy group items, healthcare promotional products, flashlight, talking stress relievers, etc. It sells its products exclusively through promotional products distributors. Clegg Promo is engaged in the business of marketing and distributing advertising specialties and promotional products.

As in Complaint:

Plaintiff designed the writing instrument sold under the trade name “Cube Pen” on their website POLPromo.com. Plaintiff alleges that defendant also manufactures and markets (including on their website CleggOnline.com) Cube Pen (product no. 331055) that infringes the above patent by having a substantially similar shape and design (see Fig. 1) as described in the ‘490 patent.  

Other Cases Filed:

Plaintiff has filed case against Bel Inc., (2:10-cv-04437) on August 30, 2010 which is still pending. 

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[*] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

[†] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.