News & Analysis as of

Trade Dress

Farella Braun + Martel LLP

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

McDermott Will & Emery

It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

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The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress...more

ArentFox Schiff

Nike and BAPE Settle Trademark Infringement Lawsuit

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Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more

Baker Donelson

Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design

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The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more

Knobbe Martens

Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy

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Before Reyna, Hughes, and Stark.  Appeal from the Western District of Louisiana. Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

McDermott Will & Emery

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

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The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

Sheppard Mullin Richter & Hampton LLP

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more

Quarles & Brady LLP

Protecting the Product: Beauty Products

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The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more

Womble Bond Dickinson

Window Shade Bracket Design is Not Protectable Trade Dress

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The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a power shade system and described as “clean” and “seamless” were not entitled to trade dress...more

Lathrop GPM

Federal Circuit Reverses Preliminary Injunction on Franchisor’s Patent and Trade Dress Infringement Claim

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The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed....more

Patterson Belknap Webb & Tyler LLP

Judge McMahon Rules on Motions in Limine

On January 5, 2024, Judge McMahon (S.D.N.Y.) decided Plaintiff GeigTech East Bay LLC (“GeigTech”)’s and Defendant Lutron Electronics Co. (“Lutron”)’s motions in limine....more

Polsinelli

Design Patent vs. Trade Dress: Strategic Considerations for Protecting Product Designs

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Product designs often serve as the cornerstone of a brand’s identity, evoking instant recognition and loyalty among consumers. From the iconic silhouette of Coca-Cola’s glass bottle to the distinctive shape of Gibson guitars,...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Lewis Roca

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

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Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

Katten Muchin Rosenman LLP

Can Significant Sales Be the Fast Track to Trade Dress Protection? - Kattison Avenue/Katten Kattwalk | Issue 3

When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024 #4

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Vince McMahon, co-founder of World Wrestling Entertainment Inc., has resigned, a WWE representative confirmed Friday, a day after a former employee claimed McMahon forced her to have sex, trafficked her to other executives...more

Womble Bond Dickinson

California Church Wins Permanent Injunction Prohibiting Wedding Venue From Using Church’s Distinctive Trade Dress For Chapel

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Wayfarers Chapel, a Rancho Palos Verdes church, sued Malibu wedding chapel Calamigos Ranch on trademark and trade dress infringement grounds, as well as unfair competition. Interestingly, Wayfarers Chapel alleged in their...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

AEON Law

Patent Poetry: Understanding the Idea/Expression Dichotomy in Copyright Law

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Clients sometimes ask intellectual property (IP) lawyers how they can patent or copyright their ideas and make money off them. The short answer is: you probably can’t. Neither patent law nor copyright law protects...more

Womble Bond Dickinson

The Sky’s the Limit? TTAB Rules that Guitar-Shaped Hotel Is a Distinctive Design

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For music lovers, while it may be a bit far for some to travel to Liverpool and stay in the Yellow Sub Hotel, why not have a more local adventure, in sunny Florida at The Seminole Hard Rock Hotel & Casino’s The Guitar Hotel,...more

McDermott Will & Emery

Parody of Iconic Sneaker Isn’t Entitled to Heightened First Amendment Protection

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The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment...more

Vondran Legal

Proper grounds to cancel another companies trademark

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In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

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