News & Analysis as of

Lanham Act › Design Patent

Spilman Thomas & Battle, PLLC

Athletic Fashion Dispute in Race to Courthouse

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Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won the "race to the courthouse" in response to a cease...more

Haug Partners LLP

“That’s the way the cookie crumbles!” Third Circuit Court of Appeals Considers Differences Between Trade Dress and Patent...

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In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more

Manatt, Phelps & Phillips, LLP

Personal Organizer Held Not Eligible for Trade Dress Protection—Are Design Patents the Answer?

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In Craft Smith, LLC v. EC Design, LLC, the U.S. Court of Appeals, Tenth Circuit, ruled that a knockoff version of a personal organizer did not infringe the original organizer’s overall design. The court also concluded that...more

Manatt, Phelps & Phillips, LLP

Thin Pad and Soft Pad Chairs Held Eligible for Trade Dress Protection

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In Blumenthal Distrib. Inc. d/b/a Office Star v. Herman Miller, Inc.,1 the U.S. Court of Appeals, Ninth Circuit, held that the overall appearance of Herman Miller Inc.’s Eames chairs was eligible for trade dress protection...more

McDermott Will & Emery

Cream and Sugar with That? French Press Trade Dress Is Nonfunctional, Protectable

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In confirming that the unregistered trade dress of the Chambord French press coffeemaker was nonfunctional, the US Court of Appeals for the Seventh Circuit affirmed the district court’s determination that plaintiff’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

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USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

Foley & Lardner LLP

District Court Rejects Efforts To Invalidate Design Patents on Automobile Parts

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In a case affecting aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate or render unenforceable two of Ford’s design...more

Knobbe Martens

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

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Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more

Knobbe Martens

This Year’s Top Ten IP Cases

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#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - December 2016

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Design Patents—Supreme Court Decides Samsung v. Apple - Why it matters: On December 6, 2016, the Supreme Court decided Samsung v. Apple, holding that, for purposes of a "total profits" damages award for infringement of a...more

Ladas & Parry LLP

2016: Developments in Intellectual Property Law You Should Know About

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This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more

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