#tradedress — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #tradedress, aggregated by home.social.
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George McCain, #Fluke's industrial designer, on the colour of the company's #multimeters
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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
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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.
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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 -
As summarized by John Welch on his TTABlog:
"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."
#Trademarks #TradeDress #Litigation #AcquiredDistinctiveness #FashionLaw
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In prior litigation, CeramTec tried to argue that (at least some of) the patents weren't a problem because they covered both pink and not-pink embodiments: https://www.scribd.com/document/371204153/C5-Medical-Werks-v-CeramTec-Appellant-Brief
But the 10th Circuit didn't get to that issue because it concluded the district court lacked personal jurisdiction over CeramTec: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110226021.pdf
#TradeDress #DesignLaw #Functionality #PinkHipImplants #Patents
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How can pink be functional, you ask? Basically, the pink comes from chromium oxide, which makes the implants harder, tougher, stronger.
Indeed, CeramTec "has sought or obtained additional patent protection for compositions claiming the beneficial effects of chromia, the chemical that turns the compound pink."
#TradeDress #DesignLaw #Functionality #PinkHipImplants #Patents
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The Saga of the Pink Hip Implants continues:
The TTAB has granted petitions to cancel U.S. Trademark Registrations No. 4319095 & 4319096 as functional. http://ttabvue.uspto.gov/ttabvue/ttabvue-92058781-CAN-171.pdf
I assume CeramTec will appeal.
H/t TTABlog: https://thettablog.blogspot.com/2022/12/ttab-grants-petitions-for-cancellation.html
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Interesting post on a recent #TradeDress case over on PatentlyO: https://patentlyo.com/patent/2022/11/product-presumption-validity.html