Top Brand v. Cozy Comfort (Fed. Cir., July 17, 2025) 2024-2191

This Federal Circuit opinion concerns an appeal of a patent and trademark infringement case between Top Brand LLC and Cozy Comfort Company LLC. Cozy Comfort had previously won a jury verdict claiming that Top Brand infringed on its design patent for an oversized hooded sweatshirt and its trademarks for "THE COMFY" wearable blankets. The appellate court reversed the lower court's decision, finding that Top Brand was not liable for design patent infringement because Cozy Comfort had surrendered certain design features during the patent application process, and these features were present in Top Brand's products. Additionally, the court concluded there was insufficient evidence to support trademark infringement, as the term "Comfy" was used descriptively by Top Brand and instances of actual consumer confusion were deemed minimal. As a result, the jury's awards for damages were overturned.

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