News & Analysis as of

Motion to Dismiss Trade Dress Trademark Infringement

ArentFox Schiff

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

ArentFox Schiff on

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common....more

McDermott Will & Schulte

Just How Similar Must Competing Marks Be to Survive Dismissal?

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

Proskauer - New England IP Blog

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more

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