Top Brand LLC v. Cozy Comfort Company LLC, 24-2191 (Fed. Cir. July 17, 2025)
The Federal Circuit has rejected Cozy Comfort’s $15 million verdict — finding that its hoodie design patent was not infringed. D859,788. The case turns on prosecution history – with a holding that the patentee had disclaimed aspects of the design when distinguishing the invention from the asserted prior art.
The image here shows the Top Brand accused design (left), Cozy Comfort’s patented design (right), and the White prior art (middle).
After a three-week jury trial, Top Brand was found liable for both design patent and trademark infringement, with the jury awarding $15.4 million for design patent infringement and $3.08 million for trademark infringement of “THE COMFY” mark. The district court denied judgment as a matter of law, but the Federal Circuit reversed on both counts.
