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Secondary Meaning Trade Dress

Weintraub Tobin

Connect 4: Trade Dress Infringement and Secondary Meaning

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You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win. Some of you may have even seen enlarged...more

Dorsey & Whitney LLP

In-N-Out Trade Dress Dispute Part III: To Squirt, or Not to Squirt?

Dorsey & Whitney LLP on

Welcome to the final chapter of our Burger War Trilogy. In our earlier installments, Part I and Part II, we discussed the secondary meaning surveys proffered by both parties in this trade dress dispute. We now turn to...more

Dorsey & Whitney LLP

In-N-Out Burger Trade Dress Dispute Part II: Where’s The Beef?

Dorsey & Whitney LLP on

Last week we introduced our readers to the imbroglio featuring the burger behemoth In-N-Out, who accused upstart Doll N’ Burgers of infringing In-N-Out’s registered and unregistered trade dress. Typical of these sorts of...more

Dorsey & Whitney LLP

Doc Martens Gives the Boot to Likelihood of Confusion Expert in Trade Dress Dust-Up

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We’ve discussed a number of cases lately where flimsy consumer surveys were tossed out as unreliable under Daubert. This latest installment presents a slightly different twist....more

Knobbe Martens

Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea

Knobbe Martens on

Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US - Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable...more

Knobbe Martens

Federal Circuit Weighs In on Converse's Midsole Trade Dress

Knobbe Martens on

On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S. Perspective, Converse filed over 30...more

Cozen O'Connor

The Federal Circuit Redefines Secondary Meaning and Infringement for Product Trade Dress in Converse

Cozen O'Connor on

On October 30, 2018, a divided Federal Circuit issued a decision in Converse, Inc. v. ITC, whereby it created a new test for secondary meaning and placed limits on trade dress infringement. The Federal Circuit found...more

Jones Day

Trademark and Trade Dress: What to consider for secondary meaning?

Jones Day on

As explained in a recent Jones Day Commentary, the Federal Circuit clarified the tests for determining secondary meaning and trade dress infringement. Converse v. ITC, No. 16-2497 (Fed. Cir. Oct. 30, 2018). First, the Federal...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Vacates and Remands An International Trade Commission Final Determination in A Trademark-Based Investigation

• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more

Knobbe Martens

Converse, Inc. v. ITC

Knobbe Martens on

Federal Circuit Summary - Before Judges Dyk, O’Malley, and Hughes. Appeal from the United States International Trade Commission. Summary: Registered trade dress carries a presumption of secondary meaning only...more

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

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Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

Knobbe Martens

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

Knobbe Martens on

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

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