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Unfair Competition Intellectual Property Protection Trade Dress

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

ArentFox Schiff

Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

ArentFox Schiff on

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 2: Combatting Dupes and Copycats...

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Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be...more

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

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

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

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

Seyfarth Shaw LLP on

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

Offit Kurman on

Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

Kohrman Jackson & Krantz LLP

Copycats or Common Trends? Legal Battle Between Influencers Over "Clean Girl" Aesthetic

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...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

Haug Partners LLP

“That’s the way the cookie crumbles!” Third Circuit Court of Appeals Considers Differences Between Trade Dress and Patent...

Haug Partners LLP on

In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more

McDermott Will & Schulte

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

McDermott Will & Schulte on

Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

Akerman LLP - Marks, Works & Secrets

The Third Circuit Goes Bananas

In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., and held that a full-body...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

Holland & Knight LLP

Food and Beverage Law Update: March 2017

Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

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