If a design patent infringement complaint does not even identify the defendant’s accused product, it will be dismissed if challenged. Identifying the defendant’s internet store is not enough. A design patent infringement complaint was dismissed and an injunction vacated regarding a weighted exercise band where the complaint merely provided a defendant’s internet store name and a link instead of the name or the picture of the actual product that was alleged to infringe US Design Patent D888,167. Without identifying the alleged infringing product, the complaint only had thread bare allegations that were insufficient to meet the plausibility requirement.
Case: Bala Bangles, Inc. v. P’ships, No. 1:23-cv-16721, 2025 U.S. Dist. LEXIS 190210, at *7 (N.D. Ill. Sep. 26, 2025).