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Plaintiff acquired Federal Registration after Demonstrating Secondary Meaning at USPTO
A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its “most prominent and coveted products”; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023, Apparatus debuted the “Cloud Fixture” chandelier in 2012, featuring “a pendulous arrangement of a number of glass orbs frosted by hand to create an irregular texture reminiscent of 19th Century décor.” The glass orbs surround a central light source, “resulting in a warm, diffuse glow creating the overall effect of a hanging cloud.”
In 2017 Apparatus acquired a Federal Trademark Registration after demonstrating to the USPTO that the design had acquired secondary meaning as a result of its “substantial sales success and unsolicited critical acclaim.” The single drawing from Reg. No. 5,283,386 is shown below:
Apparatus asserts in its lawsuit that Defendant Wayfair LLC infringes upon Apparatus’ rights by selling infringing copies. The Complaint includes pictures of the accused products:
Wayfair has not yet responded to the Complaint. Apparatus LLC v Wayfair LLC, Civil Action 1:23-cv-6991 (S.D.N.Y.)
