Haynes and Boone's Newsroom
IP Domain: Marking Your Product - Drinking Cup Company's Defense Holds Water
Dustin T. Johnson, J. Andrew Lowes
Solo Cup, a maker of plastic drinking cups, emerged intact after being sued for damages of approximately $10.8 trillion - with a “t” - for marking its cup lids with expired patent numbers. The suit was brought under the patent law’s false-marking statute, which prohibits intentionally misleading the public by marking unpatented products as if they were patented.
Excerpted from the Tarrant County Bar Association Bulletin, October 2010, page 11. To read the full article, click here.