Trade Dress

News & Analysis as of

“Look and Feel” of a Website can Constitute Protectable Trade Dress

The United States District Court for the Northern District of California, in Ingrid & Isabel, LLC v. Baby Be Mine, LLC, --- F. Supp. 3d ----, 2014 WL 4954656 (N.D. Cal. 2014), in reviewing the arguments before it, attempted...more

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist...more

Python Safety Files Trade Dress and Patent infringement Complaint Against Ty-Flot

On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more

A Powerful New Trademark for Apple?

All eyes were on Apple on Tuesday, September 9th as Apple unveiled a new line of products. The new line includes the iPhone 6 as well as the long awaited, expected, and rumored Apple watch (which, after years of speculation,...more

Choosing a Trademark

Two-Fold Purpose of Trademarks - Customers know a business and its goods and services by its trademarks. Trademarks are source identifiers that indicate the origin of goods or services in the marketplace and...more

Blue 42. Set. Trademark! I mean, Hike!

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of...more

Do I Need to Dress Up My Fashion Line in a “Trade Dress?”

What is a trade dress? Is this a new fashion trend that Miley Cyrus or Rihanna started? Not exactly. Trade dress law is a subset of trademark law that originally included only the packaging or “dressing” of a...more

A Window into the Future for Apple’s Trade Dress?

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more

Trade Dress and the Functionality Doctrine: At the Intersection of Trademark and Patent Law

Earlier this week, the Fourth Circuit reversed the dismissal of a Lanham Act claim for trade dress infringement involving a pixel pattern embossed on an absorbent textile-like product used in medical supplies, hygiene...more

Bar Fights: Better to Be Kind or to Have Mojo?

I know what you’re thinking. It’s about time that we Duets Bloggers shared our war stories on our past lives in seedy bars, taking on any unfortunate soul who might say the wrong thing at the wrong time, or just generally...more

Trademark Functionality and Fashion – Tips for Clients

Trademark protection is very important in the fashion industry. The ability to protect certain logos and design features may determine the success of a fashion designer’s business. Thus, it is crucial to understand how to...more

Select Management Seeks Redress From Title Credit Over Use Of "Loan Max" Mark

On April 1, 2014, Select Management Resources, LLC of Alpharetta, Georgia (“Select”) filed a complaint against Title Credit Acceptance, LLC of Duluth, Georgia (“Title”) alleging state and federal trademark and trade dress...more

The Other Shoe Drops

Case Number: 1:11-cv-04530 (Dkt. 121) - Judge Forest found a design patent covering fuzzy slippers to be anticipated and not infringed at summary judgment. The court had previously found the claims obvious, but the...more

Ganz USA and Noelle LLC file copyright complaint against Transpac, Inc.

On January 10, 2014 Ganz USA LLC (“Ganz”) of Marietta, Georgia and Noelle LLC (“Noelle”) of Cannon Falls, Minnesota (collectively, "plaintiffs") filed a complaint against Transpac Imports, Inc. (“Transpac”) of Vacaville,...more

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

Is Tiffany Generic?

Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more

Trade Dress, Sovereign Immunity, World Politics and R.60 Collide - Bell Helicopter Textron Inc. v. Islamic Republic of Iran,

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the vacatur of final default judgment against the Islamic Republic of Iran (Iran) for alleged trade-dress infringement. The unanimous panel agreed with...more

Federal Circuit Review - December 2013

Apple Awarded Permanent Injunction - In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial...more

Intellectual Property and Technology News - Issue 20, Q4 2013

In This Issue: - CHINA AMENDS TRADEMARK LAW: PRACTICAL IMPLICATIONS FOR BRAND OWNERS - SUPREME COURT CORNER - A CASE FOR COUNTERFEIT TRADE DRESS - MANAGING YOUR IP ACROSS BORDERS - Excerpt...more

Trade Dress Watch: A case for counterfeit trade dress

Can a product which imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a “counterfeit” product under United States law? Owners of popular brands (like Louis Vuitton...more

Pun Marks Are Fun Marks! Then Why Is Chewy Vuiton OK, But Not Ben & Cherry’s?

Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s® (“B&J”) when it launched a “Ben & Cherry’s” film series. Even the less explicit titles in the series, such as BOSTON CREAM THIGH...more

Trade Dress Can Be Viable Means of Protecting Websites from Competitor’s Look-Alike Sites

Somewhere between a well-recognized website design like Google’s home page and a fledgling e-commerce venture built with free web building software lives most other websites. Depending on the investment in the development and...more

IP Protection: What Are Trademarks, Service Marks And Logos?

A trademark (one word) is the identity you give your products. A service mark (two words—don’t know why, just the way it is) is the identity you give your services. Originally Published on I-Sight.com - October 15,...more

Sixth Circuit Rules that Trade Dress Law Does Not Prevent Copying of Functional Design

In Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc., 2013 U.S. App. LEXIS 18897 (6th Cir. Sept. 12, 2013), an industry veteran and a relative newcomer battled over the appearance of a rather specialized...more

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