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Trademarks › Copyright › Trade Dress

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
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

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

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

Procopio, Cory, Hargreaves & Savitch LLP

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

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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

International Lawyers Network

Different Kinds of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

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In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more

Troutman Pepper Locke

Shoe Dupes Walk a Fine Line After Recent IP Infringement Case

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Dupes of original branded items present significant intellectual property (IP) challenges in the fashion industry. Not all fashion products are entitled to IP protection and perceived similarities between products do not...more

Farella Braun + Martel LLP

FAQs: Wine Industry Intellectual Property Protection

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For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...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...

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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

Vondran Legal

Don’t Forget to Protect Your Product Packaging and Product Designs With IP

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Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This...more

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

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There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Quarles & Brady LLP

Protecting Product and Packaging Designs in China Part I – Trademarks

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Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. consumers and practitioners as “trade dress.” This four-part miniseries of posts provides a...more

Husch Blackwell LLP

Anatomy Of A Beer Label: Part III

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In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a...more

Morgan Lewis

Protecting Automotive and Mobility Brands

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Automotive and mobility manufacturers boast some of the most well-known brands in the world, but imitation isn’t a form of flattery for companies trying to protect their valuable marks. As the automotive and mobility market...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Ervin Cohen & Jessup LLP

Overcoming Intellectual Property Exclusions In Insurance Policies

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A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more

Blank Rome LLP

An Overview of Intellectual Property Insurance Issues

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The strategic importance and economic value of intellectual property (“IP”) can hardly be overstated in today’s global marketplace. Recognizing this, companies devote considerable time and resources to protect their vital IP...more

Foley & Lardner LLP

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

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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

Foley Hoag LLP - Making Your Mark

Cultural and Intellectual Property Appropriation: Disputes Over Culturally-Inspired Fashions

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If you haven’t heard already, New York Fashion Week is here! As usual, a lineup of awe-inspiring shows is expected to roll out over the next several days, as it does every September and February, highlighting the latest...more

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

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Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more

Proskauer Rose LLP

Three Point Shot - December 2018

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

McDermott Will & Schulte

Guiding Light in Copyright and Trademark Dispute

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Addressing the denial of a motion to amend a complaint, the US Court of Appeals for the Eighth Circuit affirmed the district court’s dismissal of trade dress infringement, fraud and tortious interference claims as futile, but...more

Foley Hoag LLP - Making Your Mark

“Forest of Light” Trade Dress Claim Nixed; Trademark Claim Survives

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Picture yourself at dusk along the river, walking through a massive outdoor art installation featuring tens of thousands of individually-placed spheres of light on short stalks, reminiscent of blooming flowers. Ok, now stop...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

Dorsey & Whitney LLP

Hey, Batter Batter! – Lizard Skins Goes to Bat over its Grip Tape Designs

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It’s finally the start of baseball season: you can almost feel the gentle spring breeze, smell the peanuts and popcorn, and hear the crack of the bat. You may also notice something more colorful, dotted, and perhaps...more

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