trade dress

Charriol Files Cable Motif Jewelry Copyright and Trade Dress Infringement Lawsuit

March 22, 2012 04:18

A’lor International Ltd., dba Charriol USA, is suing sixteen defendants for manufacturing and selling numerous jewelry designs incorporating a nautical cable motif that allegedly infringe Charriol’s copyrights and trade dress. Charriol claims that it has been designing unique jewelry...

Different Look Didn't Turn Functional Design into Protectable Trade Dress

Michael Atkins
March 06, 2012 04:43

It doesn’t happen terribly often. In fact, I don’t think it happens nearly enough. Awarding the prevailing party attorney’s fees in a trademark case, that is. But that’s what happened in Secalt S.A. v. Wuxi Shenxi Const. Mach. Co., Ltd., 668 F.3d 677 (9th Cir. 2012), where...

Is Target Seeing Red Over J.C. Penney’s New Look?

info@fed-soc.org
March 02, 2012 14:30

When I moved to Minneapolis four years ago, I mentioned in passing that there was a noticeable lack of Wal-Marts in the suburbs surrounding the Twin Cities. I don’t have a particular affinity for shopping at Wal-Mart, it was just a casual observation. Still, the friends I was with at the time...

Trade Dress Protection does not Prevent a Competitor from Copying your Product

Ryan Gile
February 12, 2012 16:28

[Post by Mark Borghese]When a competitor makes an identical copy of your product, but sells the copy-cat product under a different brand name, do you have any recourse? What if your product and the competitor's product are so close they look as if they came from the same mold? Is that enough to...

Western District Finds Glassybaby's Trade Dress is Generic

Michael Atkins
October 05, 2011 04:39

Generic! The Western District finds Glassybaby’s design (left) is incapable of functioning as a trademark Glassybaby’s popular votive candle holder design is generic. The Western District made that finding on Sept. 30, granting the motion for summary judgment that defendant Provide...