Tuesday, March 5, 2013

Bradshaw International Sued over Design Patent

Plaintiff: Kimber Cakeware

Defendant: Bradshaw International

A patent infringement case (2:13-cv-00185) was filed on Mar 01, 2013 in the Ohio Southern District Court. The case involves the design patent USD671376 (Batter separator) which is currently assigned[*] to Kimberware (source: MaxVal’s Assignment Database). The patent was issued on Nov 27, 2012 and expires[†] by Nov 27, 2026. The judge assigned to this case is Algenon L. Marbley. 

Kimber manufactures baking accessories including batter separators for use in baking cakes and cupcakes. Bradshaw is engaged in the manufacture of housewares under several trade names including Good Cook, Touch, Betty Crocker, Buttler, Dawn, Mr. Clean Black&Decker, etc. 
As per the complaint Kimber, designed, manufactured and marketed a full-sized cake batter separator called the Batter Daddy/ Batter Babies. Plaintiff alleges that defendant is manufacturing a batter separator which has the same ornamental design as of the ‘376 patent. The patented design of the '376 patent and the design of Bradshaw's batter separator are shown along with the Batter Babies manufactured by Kimber.

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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.

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