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Trademark Infringement › Acquired Distinctiveness › Trade Dress

McDermott Will & Schulte

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

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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

Ervin Cohen & Jessup LLP

The Increasing Popularity of Ghost Kitchens Raises Questions Over Restaurant Brands’ IP Protections

Ervin Cohen & Jessup LLP on

Since the inception of the pandemic, “ghost kitchens” - or shared commercial spaces which host multiple restaurant brands only serving food via delivery or takeout - have presented a surprising silver lining for both...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Knobbe Martens

Vintage or Protectable? Steve Madden Creates Waves for the Ark

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Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more

Dorsey & Whitney LLP

Tune Up: Initial Lessons from Gibson’s Most Recent Trade Dress Lawsuit

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Shortly before Christmas 2017, Gibson Brands sued Funko, a maker of pop culture dolls, for trademark infringement relating to several of Funko’s figurines of famous musicians. Among the dolls named in the complaint are Slash...more

Knobbe Martens

Have You Been Duped?

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In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of...more

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