DCT

2:23-cv-06889

Kohler Co v. Sweethome

I. Executive Summary and Procedural Information

Parties & Counsel:
- Plaintiff: Kohler Co. (Wisconsin)
- Defendant: Sweethome d/b/a SWEETHOME247.com (China)
- Plaintiff’s Counsel: Foley & Lardner LLP
Case Identification: 2:23-cv-06889, C.D. Cal., 08/22/2023
Venue Allegations: Venue is alleged to be proper based on Defendant advertising a physical location within the Central District of California and committing infringing acts, including offering for sale and selling accused products to customers, within the district.
Core Dispute: Plaintiff alleges that Defendant’s various faucet products infringe thirteen of Plaintiff's design patents covering ornamental designs for faucets and faucet components.
Technical Context: The lawsuit concerns the ornamental design of kitchen and bath plumbing fixtures, a market where distinctive aesthetics serve as a key competitive differentiator and brand identifier.
Key Procedural History: The complaint alleges a history of pre-suit correspondence beginning with a cease and desist letter sent by Kohler on October 21, 2021. Despite an alleged representation from Sweethome that it would remove the products, Kohler alleges the infringing sales continued, prompting further communications in November 2021 and February 2022. This history forms the basis for the complaint's allegations of willful infringement.

Case Timeline

Date	Event
2007-08-31	U.S. Design Patent D583,022 Priority Date
2008-03-14	U.S. Design Patent D585,111 Priority Date
2008-04-01	Kohler introduces faucets embodying the '111 patent design (approx. date)
2008-12-16	U.S. Design Patent D583,022 Issues
2009-01-20	U.S. Design Patent D585,111 Issues
2015-03-09	Priority Date for D767,734, D778,408, D767,722, and D767,732 Patents
2016-01-01	Kohler introduces faucets embodying the '722, '732, and '734 patent designs (approx. date)
2016-09-27	U.S. Design Patents D767,722, D767,732, and D767,734 Issue
2017-02-07	U.S. Design Patent D778,408 Issues
2017-02-27	Priority Date for D823,441, D844,110, and D844,752 Patents
2017-12-21	Priority Date for D852,326, D855,775, D855,779, and D855,780 Patents
2018-01-01	Kohler introduces faucets embodying '326, '775, '799, and '780 patent designs (approx. date)
2018-07-17	U.S. Design Patent D823,441 Issues
2019-01-01	Kohler introduces faucets embodying '110, '441, and '752 patent designs (approx. date)
2019-03-26	U.S. Design Patent D844,110 Issues
2019-04-02	U.S. Design Patent D844,752 Issues
2019-06-25	U.S. Design Patent D852,326 Issues
2019-08-06	U.S. Design Patents D855,775, D855,779, and D855,780 Issue
2021-10-21	Kohler sends first cease and desist letter to Sweethome
2023-08-22	Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Design Patent No. D852,326 - "Faucet"

Patent Identification: U.S. Design Patent No. D852326, "Faucet," issued June 25, 2019. (Compl. ¶14).

The Invention Explained

Problem Addressed: Design patents protect ornamental appearance rather than solving technical problems. This patent seeks to protect a novel and distinctive faucet design to distinguish it within the competitive plumbing fixture market (Compl. ¶¶32-33).
The Patented Solution: The patent claims the ornamental design for a three-piece widespread faucet set. The design is characterized by a minimalist, geometric aesthetic, featuring an L-shaped spout constructed from elements with a rectangular cross-section and two matching handles with a cubic, open-frame or "skeletal" structure (D852,326 Patent, FIG. 1).
Technical Importance: The design embodies a minimalist and industrial aesthetic, a significant trend in modern interior design, making its visual identity commercially valuable (Compl. ¶¶30, 33).

Key Claims at a Glance

The patent contains a single claim for "The ornamental design for a faucet, as shown and described" (D852,326 Patent, Claim).
The essential visual elements of the claimed design include the overall three-piece configuration, the specific proportions and angular geometry of the L-shaped spout, and the cubic, open-frame structure of the two handles, as depicted in the patent's figures (D852,326 Patent, FIGS. 1-7).

U.S. Design Patent No. D855,775 - "Faucet Handle"

Patent Identification: U.S. Design Patent No. D855775, "Faucet Handle," issued August 6, 2019. (Compl. ¶15).

The Invention Explained

Problem Addressed: The patent protects the unique ornamental design of a faucet handle, allowing for design protection of the component as a standalone article of manufacture (Compl. ¶15).
The Patented Solution: The patent claims the ornamental design for a single faucet handle. The design is for the same cubic, open-frame handle shown as part of the faucet set in the '326 patent. By claiming the handle separately, the patent holder can protect this specific design element independently of any particular spout it is paired with (D855,775 Patent, FIG. 1). This patent is a divisional of the application that led to the '326 patent, indicating a strategy to secure modular design protection (Compl. ¶15).
Technical Importance: This patenting strategy allows for enforcement against infringing components, which may be sold separately or used in configurations different from the full set shown in the parent patent.

Key Claims at a Glance

The patent contains a single claim for "The ornamental design for a faucet handle, as shown and described" (D855,775 Patent, Claim).
The essential visual elements are the cubic overall shape and the open-frame, "skeletal" construction of the handle, as depicted in the patent's figures (D855,775 Patent, FIGS. 1-14).

U.S. Design Patent No. D855,779 - "Faucet"

Patent Identification: D855779, "Faucet," issued August 6, 2019 (Compl. ¶16).
Technology Synopsis: This patent protects the ornamental design for just the spout portion of the "Grid" style faucet, featuring the same L-shaped, rectangular-profile spout seen in the '326 patent.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Infringing Grid-Style Faucets" are alleged to infringe (Compl. ¶70).

U.S. Design Patent No. D855,780 - "Faucet"

Patent Identification: D855780, "Faucet," issued August 6, 2019 (Compl. ¶17).
Technology Synopsis: This patent protects the ornamental design for a faucet spout and base, again featuring the L-shaped spout from the "Grid" style family, but showing a different base configuration.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Infringing Grid-Style Faucets" are alleged to infringe (Compl. ¶81).

U.S. Design Patent No. D844,110 - "Faucet"

Patent Identification: D844110, "Faucet," issued March 26, 2019 (Compl. ¶18).
Technology Synopsis: This patent protects the ornamental design for a faucet spout with a simple, high-arcing gooseneck shape and a cylindrical profile.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Bathroom Widespread Sink Faucet Double Handle Brass Faucet" is alleged to infringe (Compl. ¶92).

U.S. Design Patent No. D767,734 - "Faucet"

Patent Identification: D767734, "Faucet," issued September 27, 2016 (Compl. ¶19).
Technology Synopsis: This patent protects the ornamental design for a faucet assembly with a minimalist, cylindrical body and a flat, horizontal spout.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Infringing Composed-Style Faucets," including the "Sweethome 3 Hole Widespread" and "Single Hole Bathroom Vessel" faucets, are alleged to infringe (Compl. ¶104).

U.S. Design Patent No. D823,441 - "Faucet"

Patent Identification: D823441, "Faucet," issued July 17, 2018 (Compl. ¶20).
Technology Synopsis: This patent protects the ornamental design for a "ribbon-style" faucet spout, which has a wide, flattened, high-arcing gooseneck shape.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Infringing Component Ribbon-Style Faucets," including the "Deck Mount Double Handle" and "Basin Faucet Brass Polished Black" faucets, are alleged to infringe (Compl. ¶116).

U.S. Design Patent No. D844,752 - "Faucet"

Patent Identification: D844752, "Faucet," issued April 2, 2019 (Compl. ¶21).
Technology Synopsis: This patent protects an ornamental design for a "ribbon-style" faucet spout nearly identical to the '441 patent, illustrating a strategy of building a portfolio around a key design.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Infringing Component Ribbon-Style Faucets" are alleged to infringe (Compl. ¶128).

U.S. Design Patent No. D585,111 - "Faucet"

Patent Identification: D585111, "Faucet," issued January 20, 2009 (Compl. ¶22).
Technology Synopsis: This patent protects the ornamental design for an articulating, multi-jointed faucet, resembling a robotic arm, intended for kitchen use.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Three Section Swing Arm Extension Folding Kitchen Faucets" are alleged to infringe (Compl. ¶139).

U.S. Design Patent No. D778,408 - "Faucet"

Patent Identification: D778408, "Faucet," issued February 7, 2017 (Compl. ¶23).
Technology Synopsis: This patent protects the ornamental design for a faucet with a cylindrical body and a horizontal spout, featuring a distinct junction between the body and a side-mounted handle.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Single Hole Bathroom Vessel Sink Faucet Solid Brass" is alleged to infringe (Compl. ¶151).

U.S. Design Patent No. D767,722 - "Faucet"

Patent Identification: D767722, "Faucet," issued September 27, 2016 (Compl. ¶24).
Technology Synopsis: This patent protects the ornamental design for a faucet similar to the '408 patent, with a cylindrical body and horizontal spout, but with a different handle interface.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Single Hole Bathroom Vessel Sink Faucet Solid Brass" is alleged to infringe (Compl. ¶163).

U.S. Design Patent No. D767,732 - "Faucet"

Patent Identification: D767732, "Faucet," issued September 27, 2016 (Compl. ¶25).
Technology Synopsis: This patent protects another ornamental design for a faucet with a cylindrical body and horizontal spout, part of the "Composed" style family.
Asserted Claims: One claim for the ornamental design for a faucet, as shown and described.
Accused Features: The "Infringing Composed-Style Faucets" are alleged to infringe (Compl. ¶175).

U.S. Design Patent No. D583,022 - "Spout Body"

Patent Identification: D583022, "Spout Body," issued December 16, 2008 (Compl. ¶26).
Technology Synopsis: This patent protects the ornamental design for a spout body where an angled, cylindrical spout emerges directly from a vertical cylindrical base.
Asserted Claims: One claim for the ornamental design for a spout body, as shown and described.
Accused Features: "Basin Faucets sinks mixer faucets" are alleged to infringe (Compl. ¶186).

III. The Accused Instrumentality

Product Identification

The complaint collectively refers to the accused products as the "Infringing Faucets" (Compl. ¶35). Specific product names identified include the "Nordic Style Geometric Bathroom Sink Faucet," "Bathroom Widespread Sink Faucet Double Handle Brass Faucet," "Infringing Composed-Style Faucets," "Infringing Component Ribbon-Style Faucets," and "Three Section Swing Arm Extension Folding Kitchen Faucets," among others (Compl. ¶¶ 35, 48, 92, 104, 116, 139).

Functionality and Market Context

The accused instrumentalities are kitchen and bathroom faucets that perform the standard function of delivering water. The complaint alleges these products are "knocking off Kohler's novel and distinctive faucet designs" and are imported, offered for sale, and sold online through Defendant's website, sweethome247.com (Compl. ¶35). The complaint includes a photograph of the accused "Nordic Style" faucet, which visually depicts a three-piece widespread faucet with geometric, open-frame handles and an L-shaped spout (Compl. p. 12). The commercial context alleged is that Defendant is trading on the goodwill and design innovation established by Kohler's successful and heavily promoted product lines (Compl. ¶¶ 32, 33, 35).

IV. Analysis of Infringement Allegations

D852,326 Infringement Allegations

Claim Element (from the sole design claim)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
The overall ornamental design of a three-piece widespread faucet assembly	The accused "Nordic Style Geometric Bathroom Sink Faucet" is alleged to be a three-piece widespread faucet assembly that is "substantially the same" and "confusingly similar" to the patented design.	¶48-51	D852,326 Patent, FIG. 1
A central, L-shaped spout with a generally rectangular cross-section	The accused faucet features a central, L-shaped spout with a rectangular profile, as shown in the photograph provided in the complaint.	¶48; p. 12	D852,326 Patent, FIG. 1
Two separate handles, each with a cubic, open-frame ("skeletal") design	The accused faucet features two separate handles that also have a cubic, open-frame design.	¶48; p. 12	D852,326 Patent, FIG. 1

D855,775 Infringement Allegations

Claim Element (from the sole design claim)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
The overall ornamental design for a faucet handle	The faucet handles on the "Infringing Grid-Style Faucets" are alleged to contain "each and every aspect" of the claimed design and to be "substantially the same."	¶59-62	D855,775 Patent, FIG. 1
A handle with a cubic overall shape and an open-frame or "skeletal" construction	The handles of the accused faucet, as shown in the complaint's photograph, have a cubic shape and an open-frame construction.	¶59; p. 12	D855,775 Patent, FIG. 1

Identified Points of Contention

Scope Questions: In design patent litigation, a central question is the scope of the patent in light of the prior art. The analysis will require determining whether the field of minimalist, geometric faucets is crowded. A crowded field could narrow the scope of the patents-in-suit, meaning smaller differences between the patented design and the accused products might be sufficient to avoid a finding of infringement. The complaint does not address the prior art.
Technical Questions: The core of the dispute will involve a visual comparison of the accused products and the designs claimed in the patents. A point of contention may arise from subtle differences in proportions, edge treatments, or specific geometric details. For instance, the complaint's image of the accused "Nordic Style" faucet suggests its spout and handles may have cylindrical bases where they meet the countertop (Compl. p. 12), whereas the figures in the '326 patent show rectangular bases. The litigation will turn on whether such differences are significant enough to be noticed by an "ordinary observer" and thus differentiate the overall visual impression of the products from the patented designs.

V. Key Claim Terms for Construction

In design patent cases, formal claim construction of specific terms is less common than in utility patent cases, as the claim is defined by the drawings. The claim in each patent-in-suit is for "the ornamental design for a [faucet/faucet handle/spout body], as shown and described." Therefore, the figures themselves provide the primary definition of the claimed scope. The analysis will not hinge on the interpretation of a single term, but rather on the overall visual appearance of the claimed design as a whole, compared to the accused products, in the context of the prior art.

VI. Other Allegations

Willful Infringement

The complaint alleges that Sweethome's infringement has been and continues to be willful (e.g., Compl. ¶¶ 53, 64). The basis for this allegation is Sweethome's alleged actual notice of the patents-in-suit since at least October 21, 2021, as a result of a cease and desist letter sent by Kohler's counsel (Compl. ¶36). The complaint further alleges that despite this notice and subsequent communications, Sweethome continued to import, offer for sale, and sell the accused products (Compl. ¶¶ 38, 43).

VII. Analyst’s Conclusion: Key Questions for the Case

A core issue will be one of design similarity and scope: For each of the thirteen asserted patents, is the overall visual appearance of the corresponding accused product "substantially the same" as the patented design from the perspective of an ordinary observer familiar with the prior art? The extent to which prior art designs limit the scope of Kohler's patents will be a central point of contention.
A second key question will be one of evidentiary proof: The infringement analysis will require a detailed, side-by-side comparison of the accused products with the patent figures. The case may turn on whether minor differences in proportion, curvature, or component interfaces are sufficient to create a different overall visual impression, or if they are trivial distinctions in a design that is otherwise a copy.
A critical question for damages will be willfulness: Does the evidence of pre-suit correspondence establish that Sweethome acted with objective recklessness by continuing to sell the accused products after receiving notice of infringement from Kohler? The answer will determine Kohler's eligibility for enhanced damages under 35 U.S.C. § 284.