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Intellectual Property Litigation › Litigation Strategies › Trade Dress

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

Clark Hill PLC on

The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford...more

Troutman Pepper Locke

What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode, Austin Padgett and Rusty Close delve back into the ongoing legal battle known as the "Cooler Wars" between YETI and RTIC. In Part 2, they discuss the various intellectual property strategies YETI employed to...more

Irwin IP LLP

Revving Up The Trade Dress Standard: Articulation First 

Irwin IP LLP on

Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) - On February 6, 2025, the Second Circuit held that the “articulation requirement” for a trade dress complaint—a pleading...more

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

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