As Time Goes By, Finger Toys Come in More Varieties. From Finger Spinners and Stress Relief Bubble Boards in the past to the Now Popular Ball-Shaped Finger Toys. Not long ago, the Design Patent for this Ball-Shaped Finger Toy was Granted in January this year. Presently, Sellers are Being Sued for Patent Infringement.
Case Information
Case Number: 23-cv-01992
Filing Date: March 29, 2023
Plaintiff: SHENZHEN***PRODUCT CO., LTD
Represented by: Stratum Law LLC
Brand Introduction
The Plaintiff is a Chinese product manufacturer known for inventing the silicone squeeze ball, also known as the finger stress relief toy. Highly popular among customers on Amazon, the toy enjoys a good reputation and high-quality reviews. When pressing the protruding half-sphere bubbles on the toy’s surface, they burst with a satisfying pop sound, providing anxiety and stress relief.
Brand Intellectual Property
The manufacturer filed a US design patent on September 16, 2021, which was granted on January 17, 2023.
The patent protects the appearance of the product, which features a large circle with multiple half-spheres attached. This means that the appearance shape is protected by the patent regardless of the color used, unless significant changes are made to the overall circular or half-sphere shape.
Infringement Display Style
Using the keywords “POP IT STRESS BALL” provided in the complaint, around 1000 related products were retrieved from Amazon.
Stress relief toys have consistently held a strong presence on Amazon, particularly the FOXMIND Rat-A-Tat Cat product of 2021, which saw huge success in sales across major European and American platforms. FOXMIND successfully sued thousands of cross-border e-commerce businesses, resulting in substantial compensation. Therefore, to sell a patented product, authorization or product modification is necessary to avoid infringement risks.
For the circular shape in this case, one could consider modifying it to an oval, square, or even an animal shape such as a walking, flying, or swimming animal.
As a seller facing a lawsuit, if you are selling a product similar to the plaintiff’s design patent, ceasing the sale of the infringing product should be your first step as continued sales may lead to further financial losses. Additionally, consider the following options:
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Verify the validity of the plaintiff’s design patent. If you believe the patent is invalid or flawed, consult with an attorney to seek assistance and raise objections.
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Seek a settlement with the plaintiff. You can negotiate a settlement agreement with the plaintiff to avoid protracted legal disputes and economic losses.
The first option may require substantial financial and time investments, making it less suitable for companies with limited liquid funds. The second option of settlement can lead to a quicker resolution and reduced losses.
Post time: Aug-15-2023