Have you ever experienced this frustrating scenario: carefully selecting a diamond painting kit, only to find the pen tip worn beyond use before completing half the artwork? This common issue not only disrupts the creative process but may prevent the completion of what could have been a beautiful masterpiece.
Cross-border e-commerce sellers should take note—a legal storm is brewing around patented diamond painting pen tip designs. If your store sells replacement pen tips that resemble a patented design, you could face infringement allegations. This isn't hypothetical; a case filed by Ford Banister law firm has already targeted the diamond painting pen tip replacement market.
Case Overview:
- Filing Date: January 13, 2026 (Note this future date)
- Case Number: 26-cv-00358
- Brand: Painting Pen
- Plaintiff: Juanren Wu
- Representing Law Firm: Ford Banister, LLC
- Jurisdiction: Northern District Court of Illinois, USA
The Patent Story
Plaintiff Juanren Wu, an experienced diamond painting enthusiast, identified the common problem of rapid pen tip wear. His solution was a stainless steel replacement tip featuring exceptional durability for prolonged, intensive use. The design boasts universal compatibility with both round and square diamonds, while its lightweight construction reduces creator fatigue—significantly improving comfort and endurance during artistic sessions.
This innovative replacement tip received U.S. design patent protection (No. D1049230) after filing on October 6, 2021, with final approval granted on October 29, 2024. The patent prohibits unauthorized production or sale of products bearing identical or substantially similar designs.
Action Steps for Sellers
Cross-border merchants currently or previously offering similar pen tip replacements should immediately:
- Conduct inventory audits: Scrutinize all stock for potential similarities to patent D1049230's design elements, particularly shape, dimensions, materials, and visual characteristics.
- Cease sales: Immediately halt distribution of potentially infringing products and remove listings. Prompt action minimizes legal exposure.
- Seek legal counsel: Consult intellectual property specialists to evaluate risks and develop response strategies if infringement concerns exist.
- Respond proactively: If served with litigation, collaborate with attorneys to gather evidence and pursue optimal resolutions.
This patent dispute serves as a critical reminder for cross-border sellers to prioritize intellectual property compliance alongside profitability. Regular patent reviews and market monitoring enable strategic adjustments that maintain competitive advantage while avoiding legal pitfalls.