Smart Solar Inc. d/b/a Smart Living Home & Garden (“Smart Living”) and Best Choice Products, Inc. f/k/a Sky Billiards, Inc. (“Best Choice Products”) announced today that they have resolved their intellectual property dispute relating to solar-powered birdbaths, fountains, and solar lanterns.

In June 2017, Smart Living brought a lawsuit against Best Choice Products in Federal Court in Chicago, alleging infringement of Smart Solar’s copyrights, trade dress rights, and patent, for its birdbaths, fountains, and lanterns; and false advertising. In November 2018, Smart Living brought another lawsuit against Best Choice Products in Federal Court in Indianapolis, alleging infringement of the patent. Best Choice Products answered the lawsuits by contending it did not infringe any of Smart Living’s asserted intellectual property and that the intellectual property was invalid.

The parties have now settled the litigation. This past week, U.S. District Court Judge John Tharp, Jr. and U.S. District Court Judge Jane Magnus-Stinson entered final Orders dismissing the cases. Best Choice acknowledged Smart Living’s copyrights and patent and agreed to pay an undisclosed sum to Smart Living to settle the lawsuits. Best Choice will no longer sell solar fountains, birdbaths and solar lanterns that are confusingly similar to Smart Living’s products.