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September 07, 2004

Juicy Whip update

Patently Obvious reports on the latest appeal in the case of Orange Bang, Inc. v. Juicy Whip, Inc.  This appeal deals with damages resulting from infringement.

As you probably remember, the original case dealt with whether a patent is invalid for lack of utility because it was designed to deceive customers by imitating another product.  The drink dispenser at issue looked like it was mixing the drink in a reservoir above the counter.  In fact, it was pumping it from below.

In the end, the patent was upheld.  Additionally, the owner will recoup lost profits resulting from lost sales of the syrup associated with the device.

It's funny, but I still get a little bothered whenever I look at the drawing above.  I'm certain I have been "tricked" by one of these machines.

Posted by at 10:58 AM.
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