Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":
The Federal Circuit ruled that the District Court erred in granting a preliminary injunction based on patent infringement because it didn't actually compare the accused product to the claims:
As for trade dress, the Federal Circuit ruled that the District Court erred by basically just saying: "Well, the defendant copied, so they must infringe."
The second set shows a game that is more visually similar--but in the ways that you'd expect if "it was previously used in an Urban Air Adventure Park."
@design_law also I strongly suspect that the colors of the game were determined by the game manufacturer, in which case, any IP in them should really belong to the manufacturer
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