U.S. District Court Enters Judgment in Favor of Rothwell Figg Client Flocast, LLC (dba Bergeron By Design) in IP Rights Litigation Involving Famous Keekaroo Peanut Diaper Changing Pad
U.S. District Judge Mae D’Agostino entered judgment in favor of Rothwell Figg client Bergeron in Flocast, LLC v. Movi Family, LLC, Case No. 6:23-cv-01174 (NDNY). Flocast, LLC (dba Bergeron By Design) brought this action against Movi Family for infringement of its intellectual property rights in its highly successful and famous Keekaroo Peanut diaper changing pad. Specifically, Bergeron objected to Movi Family’s introduction of the competing Movi Cocoon diaper changing pad on the basis that the Movi Cocoon was nearly identical to the Keekaroo Peanut and therefore infringed Bergeron’s design patent and also infringed its trade dress in the Keekaroo Peanut.
After nearly a year of litigation, Movi Family agreed to a consent judgment. As a result of the judgment, the Movi Cocoon has been removed from the market and will no longer be sold or advertised. In addition, the judgment confirmed Bergeron’s patent and trade dress rights regarding the Keekaroo Peanut.
The design of the Keekaroo Peanut is notable for its rounded indents in the middle portion of the pad which gives the Keekaroo Peanut its unique look among its various competitors. This unique look makes the Keekaroo Peanut instantly recognizable to the purchasing public and has contributed to the enormous success of the product. The Keekaroo Peanut is consistently rated as one of the top diaper changing pads in the market.
Bergeron is very happy with the results of the case and looks forward to the continued success of the Keekaroo Peanut.
The Rothwell Figg team on this successful case consisted of Leo Loughlin, Michael Battaglia, Richard Wydeven, Jeffrey Lindenbaum, Davide Schiavetti, and Bryan Thompson.
