Nicole Wing

, an attorney in Vedder Price’s Litigation practice area, represents clients in the construction and manufacturing industries in a wide array of complex matters. Ms. Wing’s practice includes counseling clients as to litigation avoidance in contract negotiations and project delivery, conducting contract negotiations and handling all manner of disputes. Ms. Wing practices nationwide in various state and federal courts as well as before arbitration tribunals.

For more information or to contact Ms. Wing, please visit her Firm Profile Page.

Recent Articles by

Seventh Circuit Clarifies When Utility Patents Can Be Used as Evidence of Functionality in Trade Dress Cases

On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). The case was based on Bodum’s allegation that A Top infringed Bodum’s unregistered trade dress in its Chambord® French press coffee maker design and squarely addressed the doctrine of “functionality” of trade dress. The court addressed two important issues related to functionality: (1) what type of evidence is necessary to prove functionality of a particular design and (2) under what circumstances are utility patents relevant to that analysis?