News & Analysis as of

Trade Dress Patents

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

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

Quarles & Brady LLP

Protecting the Product: Beauty Products

Quarles & Brady LLP on

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

Lathrop GPM

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

Lathrop GPM on

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

Polsinelli on

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

Patterson Belknap Webb & Tyler LLP

Judge McMahon Issues Omnibus Ruling Addressing Numerous Procedural Issues Arising Out of Pre-Trial Motions

On September 20, 2023, Judge McMahon (S.D.N.Y.) issued rulings on the parties’ multiple motions to strike, exclude the opinions and proposed testimony of multiple experts, and for summary judgment in a case brought by...more

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Womble Bond Dickinson on

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

McDermott Will & Emery

Burdens Can’t Be Avoided No Matter How They’re Dressed Up

Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022 #4

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence...more

Patterson Belknap Webb & Tyler LLP

Judge McMahon Finds That No Construction Is Necessary: “Period. End of Story”

On May 5, 2022, United States District Court Colleen McMahon (S.D.N.Y.) issued a claim construction decision in a long-running set of patent and trade dress infringement and defamation actions between Plaintiff GeigTech East...more

Spilman Thomas & Battle, PLLC

Athletic Fashion Dispute in Race to Courthouse

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Sheppard Mullin Richter & Hampton LLP

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This...more

ArentFox Schiff

Replica Car Manufacturing Jumpstarted by NHTSA Rulemaking

ArentFox Schiff on

The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more

Knobbe Martens

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

Knobbe Martens on

On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more

Haug Partners LLP

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

Haug Partners LLP on

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

Ervin Cohen & Jessup LLP

Overcoming Intellectual Property Exclusions In Insurance Policies

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more

Manatt, Phelps & Phillips, LLP

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

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

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Manatt, Phelps & Phillips, LLP

Functional Chicken Feeder Design Held Not Eligible for Trade Dress Protection

In CTB Inc. v. Hog Slat, Inc., the U.S. Court of Appeals, Fourth Circuit, found that a chicken feeder design was not eligible for trade dress protection because it improved the way the feeders worked. It was therefore...more

Manatt, Phelps & Phillips, LLP

Conveyor Belt Fastener Design Held Not Eligible for Trade Dress Protection

In Flexible Steel Lacing Co. v. Conveyor Accessories Inc., the Seventh Circuit Court of Appeals ruled that a conveyor belt fastener’s “beveled center scallop” design was not entitled to trade dress protection because it was...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2020 #1

PATENT CASE OF THE WEEK - Munchkin, Inc. v. Luv N’ Care, Ltd., Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) - In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of...more

64 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide