Posts Tagged: trade dress


Monster Energy Appeals to Ninth Circuit Following District Court Denial of Injunction Against ISN

In the most recent development in a case between energy drink brand Monster Energy Company and maker of automotive tools Integrated Supply Network, LLC (ISN), the U.…
By Nancy Braman
17 days ago 1

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). …
By Nicole Wing & Daniel Shulman
2 months ago 2

China Court Delivers First Judgment in Favor of a Foreign Company Under Anti-Unfair Competition Law

British automaker Jaguar Land Rover (JLR) has been engaged in a multi-jurisdiction battle against Chinese automaker Jiangling Motors (Jiangling) over JLR’s assertions that Jiangling copied distinctive …
By Kristin Murphy
6 months ago 0

BIC Files Complaints at the ITC, EDNY Alleging Trademark Infringement of Pocket Lighters

Although many readers might be more familiar with patent infringement claims asserted in Section 337 actions at the ITC, BIC Vice President and General Counsel Steve Burkhart notes …
By Steve Brachmann
9 months ago 0

Federal Circuit Maintains Full-Court Press on Converse’s Chuck Taylor Trade Dress

On October 30, the Federal Circuit Court of Appeals reversed a decision from the International Trade Court invalidating the Converse Chuck Taylor sneaker design trade dress.  Converse Inc. …
By Thomas Williams
10 months ago 0

YETI Lawsuit Asserts Breach of Settlement Agreement Claims Against Wal-Mart

The suit, filed in the Western District of Texas, alleges that the mega retailer has been infringing on its IP related to trade dress covering aspects of …
By Steve Brachmann
2 years ago 0

Crocs Chase Dawgs With Motion for Sanctions After Allegations of Bad Faith Litigation

On December 1st, Niwot, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) filed a motion for sanctions against Las Vegas, NV-based rival firm USA Dawgs Inc., which outlined …
By Steve Brachmann
2 years ago 0

Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits

Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure …

2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
2 years ago 0

Willful trademark infringement alleged after defendant admits infringement, promises to cease

According to the complaint, when the 2015 arose the defendant gave written representations that they had indeed infringed on the trademarks and trade dress of WRB, that the …
By Gene Quinn
3 years ago 0

IP Strategies for Digital Health Products and Services: What Can You Protect in a Data-Driven World?

Disruptive innovation, like what we are seeing in the health care industry, often causes disruption elsewhere, and the legal landscape is no exception. The life cycle of …
By Maia H. Harris
3 years ago 0

How Trade Dress Can Help Game Developers Level Up

A developer asserting trade dress protection must, therefore, establish that a game’s design does not yield a utilitarian advantage by demonstrating that “the product feature serves …
By Eric Ball & Alexander Ip
3 years ago 0

The Differences Between Design Patents and Trade Dress

Design patents cover visual, nonfunctional characteristics embodied in, or applied to, an article of manufacture. They may relate to the configuration or shape of an article, the …
By Julie Hopkins
3 years ago 1

Trademark Cases of the United States Supreme Court

In 1879 the United States Supreme Court first had the opportunity (and necessity) to address whether Congress had been granted in the Constitution the power to enact legislation …

Two of My Favorite Things: Whiskey and Trade Dress

Which brings us to the recent gem of an opinion from the Sixth Circuit. Maker’s Mark has been using red sealing wax on its bourbon bottles …
By Beth Hutchens
7 years ago 1