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Litigation Strategies Appeals Trade Dress

Jenner & Block

A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

Jenner & Block on

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s...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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