SAS Forks of Luxemburg, LLC v. Gensco America, Inc., Civil Action 1:22-cv-04170-ELR (N.D. Ga., Oct. 18, 2022)

Both companies in question make extraction tongs—heavy equipment used to pull engines from vehicles. SAS Forks, a Wisconsin company, owns a patent for a particular type of extraction tongs and that patent includes the product’s non-functional ornamental design.

Decatur, Ga.-based Gensco sells similar extraction tongs that SAS Forks claims copies the ornamental design of their patented product. The plaintiffs say they received no response to a cease and desist letter sent to Gensco, and they say they have found no evidence that Gensco owns any patents related to engine pullers.

“In the eye of an ordinary observer, giving such attention as a purchaser usually gives, the non-functional ornamental design for Extraction Tongs claimed in the ’D369 patent and the Accused Product is substantially the same, with resemblance such as to deceive an ordinary observer, inducing him or her to purchase an Accused Product supposing it to be the design claimed in the ’D369 patent,” the plaintiffs write in their complaint.

SAS Forks seeks both damages as well as an order permanently enjoining Gensco from selling the product in question.