BUM-BUM jar, with a white top and gold rounded bottom
accused product, with a yellow top and white rounded bottom
" U.S. District Judge George B. Daniels ... ruled that ... each element of counterclaimant Sol de Janeiro's brand of Brazilian Bum Bum Cream jar individually and altogether serves as a function that improves the container's quality."
www.law360.com/ip/articles/... #TradeDress
Squabbles Over Dupes Are Getting Their Day in Court
#BeautyIndustryNews #BusinessofBeauty #BeautyDupes #CosmeticScience #TradeDress #Intellectual Property
Jury finds that Armadillo engaged in some trademark infringement (and some counterfeiting) but awards Gibson only $1 in profits: www.scribd.com/document/842... #TradeDress
image from the complaint showing one of the registered product shapes and one accused product
Speaking of trials, the retrial in the Gibson trade dress case started on Friday: Gibson, Inc. v. Armadillo Distrib. Enters., No. 4:19-cv-00358 (E.D. Tex.), following remand: 107 F.4th 441, 443 (5th Cir. 2024), as revised (Aug. 8, 2024)). #TradeDress
Aufmachungschutzklageanforderungen definiert:
Cardinal Motors, Inc. v. H&H Sports Prot. USA Inc.
2nd Cir NYC 6 FEB 2025
#TradeDress #ArticulationRequirement
ww3.ca2.uscourts.gov/decisions/is...
The Second Circuit has reversed, finding that Wonderful's allegations of infringement and nonfunctionality both survive Twiqbal: ww3.ca2.uscourts.gov/decisions/is... #TradeDress
U.S. Trademark Reg. No. 3,936,105 - registered in 2011 (and listing first use in 1986) for the shape of the Birkin bag, excluding the handles. #TradeDress
.@Trump #Guitars hit with #cease and #desist from @Gibson over use of #LesPaul body shape
#tradedress #damages
Carla Ortiz: "We won BIG as the judge allowed ALL of our claims on #copyright infringement to proceed and we historically move on The Lanham Act ( #tradedress ) claims!
-> companies who utilize #StableDiffusion and/or #LAION like datasets could now be liable for #copyrightinfringement" violations"
