News & Analysis as of

Trade Dress

Dorsey & Whitney LLP

Take a Bite Out of This: Smuckers is Claiming Exclusive Rights to its Version of the Peanut Butter and Jelly Sandwich

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We all have childhood memories of it: the sweet tang of fruit jelly mixed with the salty crunch of rich peanut butter, sandwiched between two pieces of soft sliced bread. Maybe you preferred it with the crusts on, cut along...more

Lewitt Hackman

Uncrustables Drama Leaves Trader Joe’s in a Trademark Jam

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Trademarks serve as a vital way for businesses to protect their brand’s identity. Whether it is McDonald’s prominent golden arches or the Nike Swoosh, a trademark is generally a word, logo, phrase, or design that allows...more

Kohrman Jackson & Krantz LLP

Peanut Butter, Jelly & Litigation: Smucker’s Uncrustables Versus Trader Joe’s Crustless Sandwiches

In a lawsuit about sandwiches, the legal implications are anything but soft, and the stakes are high. The J.M. Smucker Company filed a federal lawsuit against Trader Joe’s, alleging that the grocery chain’s crustless peanut...more

International Lawyers Network

Australian Trade Mark Case Update: Lessons from Puma and Finish on Trade Mark Registrability and Opposition

When it comes to trade mark protection and registrability, being a reputable market-leading brand is not enough to guarantee either the registration of a mark, or a successful opposition to the registration of a competing...more

Offit Kurman

D.C. District Judge Narrows Case Between E-Commerce Giants, Temu and Shein

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In December 2023, Temu (operated by Whaleco Inc.), a general e-commerce platform specializing in drop-shipping resale goods sold at deep discounts, filed suit against Shein, a similarly structured fast-fashion clothing...more

Troutman Pepper Locke

Potential Fourth Trial to Determine Punitive Damages in Trade Dress and Publicity Rights Infringement Case

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Punitive damages are on the line in a potential fourth trial between toy manufacturer, MGA Entertainment (MGA) and rapper T.I. and his wife (the Harrises)....more

McDermott Will & Schulte

No curtain call yet: Mixed verdict in patent, trademark, standing case

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The US Court of Appeals for the Federal Circuit addressed a wide array of issues in a long-running dispute over shower curtain technology. The Court provided important guidance on patent claim scope using intrinsic evidence,...more

Alston & Bird

Patent Case Summaries | Week Ending October 3, 2025

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Rex Medical, L.P. v. Intuitive Surgical, Inc., et al., Nos. 2024-1072, -1125 (Fed. Cir. (D. Del.) Oct. 2, 2025). Opinion by Stoll, joined by Dyk and Prost....more

A&O Shearman

Federal Circuit Reverses Patent and Trademark Infringement Findings and Vacates Trade Dress And Willfulness Findings

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On September 23, 2025, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion affirming in part, reversing in part, and vacating in part, decisions from the United States District Court for the...more

Loeb & Loeb LLP

Design Patents: An Underutilized Tool for Luxury Brand Protection

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When people think of patents, things like technology, science and engineering often come to mind. But design patents are a different type of patent that intellectual property-focused luxury brands should consider as an...more

Felicello Law PC

Protecting Your Trademark — Is it always good for business?

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You may have seen the headlines over the summer that lululemon sued Costco for trademark infringement because Costco has been selling clothing that bears a striking resemblance to lululemon clothing. Your first thought might...more

McDermott Will & Schulte

Solidarity: Union’s commercial use may be Lanham Act violation

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a Lanham Act action, finding that this case was not the rare instance where there was no plausible likelihood that a...more

Miller Canfield

Sweet Showdown: Maker of NERDS Candy Sues Over DWEEBS Candy

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Ferrara Candy Company, the powerhouse behind NERDS®, is cracking down on what it calls a “copycat candy” in a newly filed federal lawsuit that’s making waves in the confectionery world. ...more

Dorsey & Whitney LLP

Don’t Get Duped: The Rise of “Dupe” Litigation in the United States

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If you’ve scrolled on social media, set foot in a popular retailer, or have a teenager in your life, it’s likely you’ve heard the term “dupe” (short for “duplicate”) to describe affordable alternatives to high-end products...more

Kilpatrick

5 Key Takeaways | Trademark and Patent Rights: Better Together—How to Strengthen Your IP Protections

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Kilpatrick’s Megan Bussey, Justin Eurek, and Calla Yee recently led a session at the 21st annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trademark and Patent Rights: Better Together—How to Strengthen...more

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

American Conference Institute (ACI)

[Virtual Conference] Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA - October 14th - 30th, 1:00 pm EST

ACI’s virtual Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA equips early-career professionals with the legal and regulatory fluency needed to contribute meaningfully to product strategy and...more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Proskauer Rose LLP

Three Point Shot - August 2025

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Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

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From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more

Axinn, Veltrop & Harkrider LLP

Entresto Trade Dress Dispute: No Injunctive Relief for Novartis

On July 15, 2025, Judge Evelyn Padin of the District of New Jersey denied Novartis’s motion for preliminary injunction, which would have blocked MSN Laboratories Pvt. Ltd. from selling a generic version of Novartis’s Entresto...more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

Jenner & Block

A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

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In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s...more

Katten Muchin Rosenman LLP

Beige Battle: Social Media Influencers Settle Dispute Over Minimalist Brand Identity - The Katten Kattwalk | Issue 29

On May 28, two "frenemy" social media influencers informed a federal court in Texas that they had settled a lawsuit in which one of them accused the other of infringing on her copyrighted social media posts on Instagram and...more

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

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Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

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