News & Analysis as of

Acquired Distinctiveness Trade Dress Lanham Act

McDermott Will & Emery

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...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

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

Jones Day on

Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

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