L.A. Gear, Inc. v. Thom McAn Shoe Company

988 F.2d 1117 (1993)

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L.A. Gear, Inc. v. Thom McAn Shoe Company

United States Court of Appeals for the Federal Circuit
988 F.2d 1117 (1993)

  • Written by Jody Stuart, JD
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Facts

L.A. Gear, Inc. (L.A.) (plaintiff) obtained a design patent for its Hot Shots shoes. Thom McAn Shoe Company, a division of the Melville Corporation (collectively, Melville) (defendants), copied the Hot Shots shoes. L.A. sued Melville for design-patent infringement in federal district court. Melville argued that L.A.’s design was functional because each of the design elements had a useful function. For example, the mesh on the side of the shoe also provided support. The district court noted that the functions of the Hot Shots design elements had also been achieved with other athletic-shoe designs. The district court found the Hot Shots design was primarily decorative and, thus, the patent was not invalid based on function. The court also found that all of the Hot Shot design elements were in the prior art but that the overall design was not. The court concluded the prior art did not suggest the Hot Shots design’s look as a whole. The court held that the patent was not invalid based on obviousness. Melville appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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