News & Analysis as of

Intellectual Property Protection Appeals Trade Dress

Loeb & Loeb LLP

Carroll Shelby Licensing, Inc. v. Halicki

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Ninth Circuit holds that custom Ford Mustang called “Eleanor,” which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not...more

Jones Day

Gloves Off: Court Says No to Green Trademark Protection

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The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more

Knobbe Martens

Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink

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CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more

McDermott Will & Emery

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

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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

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

McDermott Will & Emery

Chill Out: Request for Profit Disgorgement Isn’t Entitled to Jury Trial

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The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

McDermott Will & Emery

Don’t Tread on Illinois’ Absolute Litigation Privilege

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Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

McDermott Will & Emery

It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

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The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress...more

McDermott Will & Emery

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

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The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

McDermott Will & Emery

Parody of Iconic Sneaker Isn’t Entitled to Heightened First Amendment Protection

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The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment...more

Ladas & Parry LLP

TTAB Confirms that Building Design Marks Lack of Distinctiveness

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In In re Palacio Del Rio Inc (Serial Nos 88412764 and 88437801), the Trademark Trial and Appeal Board (TTAB) has issued an opinion affirming the refusal of two building design mark applications by Palacio Del Rio Inc (PDR) –...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

McDermott Will & Emery

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more

McDermott Will & Emery

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

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The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more

McDermott Will & Emery

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

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Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

McDermott Will & Emery

Cream and Sugar with That? French Press Trade Dress Is Nonfunctional, Protectable

In confirming that the unregistered trade dress of the Chambord French press coffeemaker was nonfunctional, the US Court of Appeals for the Seventh Circuit affirmed the district court’s determination that plaintiff’s...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Vacates and Remands An International Trade Commission Final Determination in A Trademark-Based Investigation

• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2018: When the Other Shoe Drops – Keep Calm and (Trade) Dress Up

Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more

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