Posts Tagged: trade dress


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
4 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
4 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
5 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
5 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
5 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
5 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
10 years ago 1

The Top 5 IP Mistakes Tech Startups Make

One of the costliest mistakes a startup can make is mismanaging intellectual property rights. A company needs to not only manage its own IP rights, but also …
By John Boyd
11 years ago 7

Understanding Intellectual Property Basics

Intellectual property is probably best thought of (at least in general terms) as creations of the mind that are given the legal rights often associated with real …
By Gene Quinn
12 years ago 2