News & Analysis as of

Manufacturers Trade Dress

ArentFox Schiff

Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

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Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more

Quarles & Brady LLP

Protecting the Product: Beauty Products

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The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating...more

Benesch

3D Printing Half-Year Report - Q2 2021

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Is 3D printing the next litigation frontier? Litigation over 3D printing will become increasingly more prevalent as the technology becomes less expensive to build due to rising demand, some lawyers say. A federal court in...more

Sheppard Mullin Richter & Hampton LLP

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This...more

ArentFox Schiff

Replica Car Manufacturing Jumpstarted by NHTSA Rulemaking

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The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more

Hogan Lovells

9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs

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The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more

Patterson Belknap Webb & Tyler LLP

A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims

In a recent decision, Ezaki Glico v. Lotte International American Corporation, the Third Circuit rejected a manufacturer’s claims of trade dress infringement regarding Pocky, a chocolate covered cookie stick which Ezaki Glico...more

BakerHostetler

AD-ttorneys@law – November 2020 #2

BakerHostetler on

Eleventh Circuit Pries Apart Sticky Trade Dress Decision - Is Gorilla Glue throwing a monkey fit after J-B Weld’s loss is torn apart? Opposites Attract - If you’re an average, buy-it-when-you-need-it glue consumer, you’re...more

Foley & Lardner LLP

Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools

Foley & Lardner LLP on

Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that...more

Dorsey & Whitney LLP

Great Scott! The DeLorean Estate Lawsuit Hits a Space Time Continuum Roadblock

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The recent decision of DeLorean v. DeLorean Motor Co. is no doubt significant to the parties as well as attorneys and courts who will cite it in future briefs and decisions. However, it is also important because it...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Akerman LLP - Marks, Works & Secrets

TTAB Seals Fate of Trade Dress Claims for Design Covered By Utility Patent

It is natural for manufacturers to seek to widen their intellectual property protection. In the seminal case TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 US 23 (2001), the Supreme Court struck down the plaintiff’s...more

Foley & Lardner LLP

A Familiar Riff: Gibson's Trade Dress Application Once Again Asks Whether a Guitar Body Shape Can Indicate Source

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In the same way that Rock and Roll will never die (according to Neil Young) it would appear that battles over the protection of trade dress embodied in the shape of guitars will likewise never die. In the latest installment...more

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