Global Manufacture Group v. Gadget Universe.Com
United States District Court for the Southern District of California
417 F. Supp. 2d 1161 (2006)
- Written by Jenny Perry, JD
Facts
Inspired by the Segway gyroscopic scooter, Global Manufacture Group, LLC (Global) (plaintiff) designed and marketed an upright, motorized scooter called the Q Electric Chariot (Q scooter). The Q scooter, which was intended to serve as an alternative to a traditional wheelchair, differed from the Segway in that the Q scooter had four wheels, not two, and did not have a gyroscope balancing system. The Q scooter also had a unique steering system that could be turned gradually by leaning in the desired direction or sharply by turning the handlebar. The Q scooter’s inventor chose the shape and length of its platform for its visual appeal. The design also included a curved handlebar and recessed headlight. Global first sold the Q scooter on Wal-Mart’s website in October 2003, and Global’s advertising focused on the engineering advantages of the Q scooter. In mid-2004, Gadget Universe.Com (Gadget) (defendant) began to market its Rietti Civic Mover Electric Scooter (Gadget scooter). Like the Q scooter, the Gadget scooter had four wheels. Other manufacturers sold scooters with different designs, including one that was shaped like a wheelbarrow and available in several colors. In 2005, Global received a utility patent on seven claims for the Q scooter’s steering method and ability to convert to a cargo rack, as well as a design patent for its ornamental design. Global sued Gadget for infringement of Global’s intellectual-property rights, including trade-dress infringement. Global moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Burns, J.)
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