Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., No. 17-1314 (Fed. Cir. Aug. 1, 2018)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Advantek Marketing, Inc. is the owner of design pa- tent No. D715,006 (“the D’006 patent”) for a portable animal kennel that Advantek sells with the mark “Pet Gazebo.” Advantek states that the Pet Gazebo is its “flagship product,” that it ha s received awards and been successful commercially, for “[i]t provided a great solution for pet owners who wanted to take their pets with them, whether to a friend’s house, on vacation, or simply out to the backyard.” Appellant’s Br. at 2.