HALL v. BED BATH & BEYOND, INC.

Nos. 2011-1165, 2011-1235.

705 F.3d 1357 (2013)

Roger J. HALL, Plaintiff-Appellant, and RJ Hall & Associates, Plaintiff, v. BED BATH & BEYOND, INC., Bed Bath & Beyond Procurement Co. Inc., and Farley S. Nachemin, Defendants-Appellees, and West Point Home, Inc., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

January 25, 2013.


Attorney(s) appearing for the Case

Mitchell C. Shelowitz , Shelowitz & Associates, PLLC, of New York, NY, argued for plaintiff-appellant. With him on the brief was Darya Dominova .

Laura A. Wytsma , Loeb & Loeb, LLP, of Los Angeles, CA, argued for defendants-appellees and defendant-cross appellant. With her on the brief was Jordan A. Sigale , of Chicago, IL.

Opinion of the court filed by Circuit Judge NEWMAN. Dissenting in part opinion filed by Circuit Judge LOURIE.


NEWMAN, Circuit Judge.

This case concerns a design patent for a "Tote Towel," as the patented design is designated by inventor Roger J. Hall. The Tote Towel is a large towel with binding around all the edges, zippered pockets at both ends, and an angled cloth loop in the middle, pictured in U.S. Design Patent No. D596,439S ("the '439 patent"). The patent issued on July 21, 2009, claiming the following design and similar designs:

Mr. Hall filed...

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