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Trade Dress › Design Patent › Trademark Infringement

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

Brownstein Hyatt Farber Schreck on

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

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

Ropes & Gray LLP on

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

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Womble Bond Dickinson on

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

McDermott Will & Schulte

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

McDermott Will & Schulte on

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 & Schulte

Knock It Off, Knockoffs? Ninth Circuit Affirms Trade Dress Rights but Not Fame

McDermott Will & Schulte on

Taking on issues of functionality and fame relating to trade dress rights, the US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s judgment after a jury trial on claims of...more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

Knobbe Martens on

Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Knobbe Martens

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

Knobbe Martens on

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more

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