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Trade Dress

Dorsey & Whitney LLP

Don’t Get Duped: The Rise of “Dupe” Litigation in the United States

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If you’ve scrolled on social media, set foot in a popular retailer, or have a teenager in your life, it’s likely you’ve heard the term “dupe” (short for “duplicate”) to describe affordable alternatives to high-end products...more

Kilpatrick

5 Key Takeaways | Trademark and Patent Rights: Better Together—How to Strengthen Your IP Protections

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Kilpatrick’s Megan Bussey, Justin Eurek, and Calla Yee recently led a session at the 21st annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trademark and Patent Rights: Better Together—How to Strengthen...more

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

American Conference Institute (ACI)

[Virtual Conference] Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA - October 14th - 30th, 1:00 pm EST

ACI’s virtual Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA equips early-career professionals with the legal and regulatory fluency needed to contribute meaningfully to product strategy and...more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Proskauer Rose LLP

Three Point Shot - August 2025

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Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

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From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more

Axinn, Veltrop & Harkrider LLP

Entresto Trade Dress Dispute: No Injunctive Relief for Novartis

On July 15, 2025, Judge Evelyn Padin of the District of New Jersey denied Novartis’s motion for preliminary injunction, which would have blocked MSN Laboratories Pvt. Ltd. from selling a generic version of Novartis’s Entresto...more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

Jenner & Block

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

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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

Katten Muchin Rosenman LLP

Beige Battle: Social Media Influencers Settle Dispute Over Minimalist Brand Identity - The Katten Kattwalk | Issue 29

On May 28, two "frenemy" social media influencers informed a federal court in Texas that they had settled a lawsuit in which one of them accused the other of infringing on her copyrighted social media posts on Instagram and...more

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

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Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Proskauer Rose LLP

Three Point Shot - June 2025

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Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

Seyfarth Shaw LLP

Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage Bags

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IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of...more

Fox Rothschild LLP

Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal

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What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The...more

Rivkin Radler LLP

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

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Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more

Womble Bond Dickinson

Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

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The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands.  Aldi has previously used...more

Fish & Richardson

Green Glove Trademark Application Gets Red Light From Federal Circuit

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In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025 #2

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The New York State Education Department said it won’t rescind a ban on the use of Indigenous mascots and names in public schools despite a threat from the Trump administration to pull its federal funding, telling the U.S....more

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

Farella Braun + Martel LLP

L'eggo My Rights: Parody or Trademark Violation?

In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement lawsuit against a small Ohio-based food truck named L’eggo My Eggroll, arguing that the...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

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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

Procopio, Cory, Hargreaves & Savitch LLP

Gone from Copyright: Ninth Circuit Rejects Copyright Protection for Iconic “Eleanor” Shelby Mustang

Court Narrows Scope of Character Copyright, Drawing Sharp Line Between Props and Protectable Expression - Not every film icon gets legal protection. On May 27, 2025, the Ninth Circuit ruled that Eleanor—the legendary Mustang...more

Wolf, Greenfield & Sacks, P.C.

Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio

In today’s competitive and innovation-driven economy, protecting intellectual property (IP) is no longer just about securing utility patents. A well-rounded IP strategy that incorporates multiple forms of IP, such as trade...more

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