Design prior art must more than resemble

In recently holding U.S. Design Patent No. D888,498 valid on summary judgement, a U.S. District court explained that “baseball bats do not qualify as prior art for [a baseball-bat-shaped drinking vessel] because they do not come from the same field of endeavor.”  Samiam Group, LLC v. Coopersburg. Assoc., Inc. The court continued “[w]hereas a baseball bat belongs to the field of sporting and recreational play of hitting a ball, the patented design belongs to the field of consuming beverages.” To anticipate a design, the prior art must more than resemble the claimed design – it must also be in the same field of endeavor.

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