The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was functional and the attorneys’ fee award—as diminished by the district...more
The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not...more