New declaratory judgment action today against the Mossy Pole (D989,355) arguing the patent is invalid as there were many examples of earlier products that were not disclosed.  They're also seeking a retraction of the complaint filed with Amazon against Plaintiff's competing product. (Photo below is the design patent illustration compared to an earlier existing product)  Phan et al v. Simply Mossy Art Inc., No. 4-23-cv-04982  (NDCA Sept. 28, 2023).

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