The magnetic levitation lamp involved in this case is an American invention patent applied by Chinese people. In 2009, it applied for an American patent and was certified in October 2012. Sellers often can’t tell the difference between invention patents and appearance patents, so that they don’t know why they infringe. Appearance patent and copyright are similar, and similar appearance can be regarded as infringement; The invention patent is terrible. When applying for a patent, the author explains the principle of action, even if the appearance is very different, but the principle of action in the product description is the same, which can also be regarded as infringement, such as the magnetic levitation lamp in this case. At present, the case has applied for a preliminary PI injunction, and the account of the seller involved has also been frozen. If the account needs to be retrieved, it is necessary to contact the plaintiff through a lawyer as soon as possible to reach a settlement.
Basic information of the case:
Prosecution time: October 30, 2023
Case number: 23-cv-15417
Brand: Xiaobing Wang and Liangqing Li
Law firm: Getech Law LLC
The latest development of the case:
Brand profile:
This kind of magnetic levitation lamp includes magnetic base and magnetic levitation device of suspension; Its working principle is that the suspension is suspended on the magnetic base, and the suspension is provided with a receiving coil and at least one luminous body; The magnetic base is provided with a transmitting coil, and the transmitting coil transmits an alternating current coil to the receiving coil; Converting the alternating current signal transmitted by the transmitting coil into electric energy and providing the electric energy to the luminous bodies to emit light, wherein the suspension has a plurality of luminous bodies; The luminous body adopts LED lamp, which is arranged in or on the suspension body and electrically connected with the receiving coil, wherein the permanent magnet is arranged in the suspension body and symmetrically arranged around the gravity center of the suspension body in the vertical direction, and the suspension body comprises an upper shell, a lower shell and a mounting ring arranged between the upper shell and the lower shell; The mounting part is arranged in the middle of the mounting ring, and the luminous body is mounted to the mounting part and connected with the receiving coil through a connecting wire; The permanent magnet is a magnet assembly, the lower end is a cylindrical magnet, and the upper end is a plurality of overlapping circular magnets; the middle of the receiving coil is provided with a through hole corresponding to the cylindrical magnet of the permanent magnet; the lower shell is provided with a fixing post corresponding to the cylindrical magnet, and the middle of the fixing post is provided with a fixing hole; The cylindrical magnet passes through the through hole of the receiving coil and then is inserted into the fixing hole, the permanent magnet is fixed at the lower end of the small shell, and the receiving coil is sequentially arranged outside the cylindrical magnet.
The products shown in the following figure are quite different, but they are shown as magnetic suspension devices including magnetic bases and suspensions through their images; In order to carry out magnetic levitation, the suspension body and the base must have a receiving coil and a transmitting coil respectively, and the suspension body is also displayed as a luminous lamp, which can be regarded as an infringing product and the rights protection is successful.
Trademark copyright information:
Examples of infringing products:
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