#tradedress — Public Fediverse posts

Over the past few years, high-end brands have waged a war against “Dupe Culture.” That battle has repeatedly spilled over into the courtroom.

https://www.plagiarismtoday.com/2026/06/11/the-legal-fight-against-dupe-culture/

#DupeCulture #Fashion #Trademark #TradeDress

Appeals Court Focuses on Fees in Garden Hose Color Mark Argument https://www.allforgardening.com/1809675/appeals-court-focuses-on-fees-in-garden-hose-color-mark-argument/ #AttorneyFeeAwards #garden #SecondaryMeaning #TradeDress #TrademarkCancellation #TrademarkInfringement #TrademarkRegistration #witnesses

Analyzing the Lululemon v. Costco Dupe Suit
Guest blog post by Profs. Sarah Fackrell & Alexandra J. Roberts https://blog.ericgoldman.org/archives/2025/07/analyzing-the-lululemon-v-costco-dupe-suit-guest-blog-post.htm #trademark #design #tradedress

George McCain, #Fluke's industrial designer, on the colour of the company's #multimeters

#TradeDress #TradeMark #law

https://youtu.be/DbOc1TWfKxg?si=E4XSyZ8XaINZuHxB

Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:

https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf

The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.

#TradeDress #FashionLaw #PartialDesigns

Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":

http://cafc.uscourts.gov/opinions-orders/22-2047.OPINION.2-16-2024_2271523.pdf

#FederalCircuit #PatentFedi #UtilityPatents #TradeDress

Ledge Lounger v. Luxury Lounger - Plaintiff moved for a preliminary injunction against trade dress infringement. Defendant agreed to the entry of such an injunction, without conceding liability. Defendant redesigned the accused product. Plaintiff asked the court to hold the defendant in contempt, arguing that the new product violated the injunction.

Decision: No contempt because "there has been neither an adjudication nor an admission of infringement."

https://storage.courtlistener.com/recap/gov.uscourts.txsd.1907429/gov.uscourts.txsd.1907429.59.0.pdf

#TradeDress

In a trade dress case, Polaroid argues that Fujifilm is estopped from arguing that its trade dress is functional because Fujifilm got a design patent on a nearly identical design:

https://www.scribd.com/document/704650539/Fujifilm-v-Polaroid-MSJ-Opp-n

Two things:

1) No, design patents are NOT evidence of trade dress functionality: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2710661

2) How did Fujifilm get this patent?

#DesignPatents #TradeDress #FujifilmVersusPolaroid

What about the trade dress claim?

Emson alleges that it has unregistered trade dress rights in "the colors black and red applied in combination to the surface of the device’s handle. In particular, the color black is applied to the surface of the handle body and the color red is applied to a generally ogive-shaped area along the top surface of the handle (the “Car Cane Trade Dress”)."

#TradeDress #ColorMarks

SCOTUS has denied cert in #TrendilyVersusJSC. #TradeDress

Side note: These new #SCOTUS tracking emails are pretty great. Just click the envelope icon on the top left corner of a docket to sign up.

https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/23-194.html

Rachel Adin LLC sues H&M over jewelry, neither side seems to have any idea how design patents work: https://www.scribd.com/document/695487112/Adin-v-H-M-Complaint

#DesignPatents #TradeDress #FashionLaw

Interesting post from @patentlyo about a new cert petition about the role of copying in determining whether a design has acquired secondary meaning:

https://patentlyo.com/patent/2023/12/39390.html

Apparently, in the underlying case, the Ninth Circuit stated that "there is no logical reason for...precise copying save an attempt to realize upon a secondary meaning that is in existence."

That is....just ridiculous.

#SCOTUS #LawFedi #TradeDress #TrendilyVersusJSC

TOB has filed a motion for a TRO in its new utility patent & trade dress #ScheduleA case:

https://www.scribd.com/document/687704257/TOB-23-cv-01563-Motion-for-TRO

#UtilityPatents #TradeDress

Thousand Oaks Barrel (aka TOB) files new #ScheduleA case, with new counsel, in EDVA:

https://www.scribd.com/document/685193422/Thousand-Oaks-Barrel-v-Schedule-A-EDVA-Complaint

(h/t @sqfreak)

This time, they assert utility patent & (unregistered) trade dress infringement.

Unlike in the NDIL case, Thousand Oaks Barrel does not hide its own name OR the patent numbers.

#UtilityPatents #TradeDress

And, in a move that should surprise no one, Wonderful is appealing: https://storage.courtlistener.com/recap/gov.uscourts.nysd.559589/gov.uscourts.nysd.559589.43.0.pdf

#TradeDress #SecondCircuit #LawFedi

Remember the #SubversiveVersusBootstrap trade dress case?

https://mastodon.social/@design_law/110859507180526166

The defendant has filed a motion to dismiss, asserting that the claimed design is covered by an expired utility patent:
https://www.scribd.com/document/676869760/Subversive-v-Bootstrap-MTD-Trade-Dress

#TradeDress #UtilityPatents #Functionality #PlantTrays

Wonderful Company v. Nut Cravings - Court grants motion to dismiss product-packaging trade dress infringement claims, concluding that the plaintiff has failed to plead a plausible claim of infringement (and failed to sufficiently allege nonfunctionality vis-à-vis the unregistered trade dress claim):

https://storage.courtlistener.com/recap/gov.uscourts.nysd.559589/gov.uscourts.nysd.559589.38.0.pdf

#TradeDress #Twiqbal #CivProMatters

Trademark people: I'm revising my Design Law syllabus. Have you read any interesting new #TradeDress cases lately?

Flocast v. Movi - New design patent & trade dress case over diaper changing pads: https://design-law.tumblr.com/post/728526486194307072/does-this-diaper-changing-pad-infringe-this-design

#DesignPatents #TradeDress

Functionality aside, though, does anyone seriously think there is a real likelihood of confusion here?

The normal arguments about post-sale confusion (which I'll confess I don't find particularly compelling in general) don't seem to apply with much force, if at all, to bagged candies like these.

Complaint: https://www.scribd.com/document/669968459/PIM-v-Haribo-Complaint

#Trademarks #TradeDress

Third Circuit:

"Some candy companies evoke [a slice of watermelon] by using colors alone, making their candies red, white, and green. But the watermelon effect is significantly stronger if the red-white-and-green candy is shaped like a wedge. Because the tricolored shape is recognizable as watermelon flavored, the whole appearance is useful. So a candy-maker cannot block competitors from using the combined shape and colors...."

https://www.scribd.com/document/669963154/Pim-v-Haribo-Decision-3d-Circuit

#TradeDress #Functionality #LawFedi

PSA: To be "famous" for the purposes of federal antidilution law, the mark has to be "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner."

https://www.law.cornell.edu/uscode/text/15/1125

Your mark basically has to be a "household name."

Niche fame is NOT enough.

#TradeDress #LanhamAct #LawFedi

Subversive Tools v. Bootstrap Farmer - New cases alleges infringement of unregistered product-design trade dress for the shape of "plant cultivation trays": https://storage.courtlistener.com/recap/gov.uscourts.nysd.603826/gov.uscourts.nysd.603826.1.0.pdf

#TradeDress #PlantTrays #SubversiveVersusBootstrap

Oceanus v. Blue Water - New complaint alleges trade dress infringement and counterfeiting in connection with lobster snares:

https://www.scribd.com/document/658833524/Oceanus-v-Blue-Water-Complaint-Green-Lobster-Snares

#TradeDress #LobsterSnares

Okay, I'm not convinced this purported trade dress is actually functional.

But this judge seems to be operating in an alternate universe where TrafFix never happened.

https://www.scribd.com/document/658411690/Benefit-v-Elf-Mascara-Trade-Dress-Functionality

(h/t @hewittlaw)

#TradeDress

Via TTABlog: "TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration"

https://thettablog.blogspot.com/2023/06/ttab-affirms-section-2e5-functionality_27.html

#TradeDress #Functionality

Chameleon Chairs v. Lux Event Rentals - New trade dress & design patent case over chairs: https://www.scribd.com/document/653409746/Chameleon-Chairs-v-Lux-Event-Rental-Complaint

#DesignPatents #TradeDress #LawFedi

Sunshine v. Final Bell: New trade dress & design patent case over vaporizer packaging:
https://design-law.tumblr.com/post/719557648859693056/do-either-of-these-products-infringe-this-design

#DesignPatents #ConceptFallacy #TradeDress

Miller v. Wolltex - New complaint alleges infringement of a design patent & unregistered trade dress for chicken nesting boxes:

https://design-law.tumblr.com/post/718927061972140032/does-this-chicken-nesting-box-infringe-this-design

#DesignPatents #TradeDress

Little Leaf's VP of marketing said that the shape is "due to a type of seed that has the inherent ability to grow into a curly lettuce, which is then nurtured with a particular recipe of natural light, moisture, nutrients, and custom-built greenhouses."

https://www.fastcompany.com/90894369/can-you-really-trademark-the-shape-of-lettuce-were-about-to-find-out

So, basically, they want to use trademark law monopolize a certain method of growing this particular type of seed.

That's not what trademark law is supposed to do.

#TradeDress #Functionality #AbolishTradeDress