In a recent development, the legal dispute involving an energy drink brand co-owned by internet personalities Logan Paul and Olajide “KSI” Olatunji has been voluntarily dismissed. The case, which included allegations of trade dress copying, was filed by the team behind the well-known White Claw hard seltzer. The decision to drop the case comes after…
The ongoing trade dress dispute involving Sterilite Corp. has reached a pivotal moment as the company faces a decision to either accept a reduced monetary award or undergo a new trial. During the legal battle, a key aspect of the jury’s verdict was called into question. The presiding federal judge remarked, “Not a single witness…
Boston-based wearable fitness company WHOOP has initiated legal proceedings against Finnish competitor Polar Electro Oy, alleging that Polar’s fitness tracker design infringes upon WHOOP’s trade dress. The lawsuit, filed on October 14, 2025, in the U.S. District Court for the Eastern District of New York, contends that Polar’s Loop band closely mimics WHOOP’s distinctive design…
In the high-stakes world of trade shows, where the latest innovations are displayed under the bright lights of anticipation and competition, the risk of intellectual property (IP) infringement is ever-present. Finding your innovations showcased in a competitor’s booth can be a disheartening experience. Legal experts urge a nuanced approach to dealing with such situations to…
The U.S. Supreme Court recently opted not to hear an appeal filed by a medical supply company seeking to register a trademark for the color dark green on surgical gloves. This decision leaves intact a ruling from the U.S. Court of Appeals for the Federal Circuit, which determined that the company did not meet the…
In a rapidly evolving retail landscape, the proliferation of store brands has prompted key legal challenges, particularly in the realm of intellectual property (IP). Recent legal battles underscore the tensions between fostering competition and avoiding unlawful imitation. For instance, the legal dispute initiated by J.M. Smucker Co. against Trader Joe’s and Mondelez International Inc.’s complaint…
In a recent legal proceeding, Campbell’s Co. reached a settlement in its trademark dispute with a congressional candidate from Michigan who utilized the company’s iconic soup can design in campaign materials. The resolution, filed on Friday, stipulates that the politician will cease any use of Campbell’s marks and trade dress for campaign or promotional purposes….
Death Wish Coffee has initiated legal action against Liquid Death, filing a lawsuit in California federal court aimed at halting the latter’s plan to introduce coffee beverages under allegedly infringing “Death” trademarks. The complaint argues that the companies’ branding features similar trade dress and thematic elements, both centered around the concept of death. This similarity…
The U.S. Supreme Court recently opted not to hear an appeal concerning the use of the color pink in hip joint implants, leaving in place a Federal Circuit ruling that the color is not protectable as trade dress because of its functional purpose. The appeal was brought forward by a German medical supplier, which argued…
In a recent legal development, a California federal judge has ruled against Costco Wholesale Corp., allowing a trade dress infringement lawsuit brought by Ugg’s parent company, Deckers Outdoor Corporation, to proceed. The case centers on allegations that Costco has copied Ugg’s distinctive shearling footwear designs. The court concluded that the complaint contains plausible claims that…
In a significant development in the ongoing legal battle between MGA Entertainment and the hip hop moguls Clifford “T.I.” Harris and Tameka “Tiny” Harris, a California federal judge has decided to convene a fourth jury to deliberate on potential punitive damages regarding MGA’s alleged infringement of the trade dress associated with the pop group owned…
Online fashion retailer Fashion Nova has formally requested the dismissal of a trade dress infringement suit initiated by Deckers Outdoor Corporation, the maker of Ugg boots. The plea was made in a California federal court with Fashion Nova arguing that Deckers has failed to substantiate their claims with evidence of any intent to infringe or…
In a recent decision, a California federal judge has mandated that an attorney pay $652,000 of a $1.8 million sanction against a microphone manufacturer he represented. The penalty stems from a lost trade dress infringement trial where the lawyer allegedly misrepresented stipulation terms from a previous case to bolster his legal arguments. This ruling highlights…
In a notable appeal, a German medical supplier is urging the U.S. Supreme Court to review a decision by the Federal Circuit, which previously dismissed the company’s trade dress claims concerning the use of the color pink in its hip joint implants. This plea emphasizes a circuit split that could hold significant implications for trade…
Toy maker MGA Entertainment has requested a California federal judge to determine the punitive damages it owes in a legal battle over trade dress infringement. This case involves the OMG Girlz, a pop group co-founded by Tameka “Tiny” Harris and her husband, rapper Clifford “TI” Harris. The legal contention revolves around MGA’s alleged infringement of…
The estate of Victor Maitland, the late former CEO of NFL Alumni Inc., has initiated legal action against the National Football League (NFL), the Pro Football Hall of Fame, and associated entities, alleging unauthorized use of trademarks and trade dress related to the Hall of Fame’s gold jackets and shield logo. The lawsuit, filed in…
In a recent development in the ongoing legal battles over drug patents, a New Jersey federal judge has reversed her previous decision, impacting Novartis’ efforts to prevent the sale of a generic version of its heart failure drug, Entresto. The judge acknowledged an error in her initial analysis of a trade dress claim, which had…
In a legal dispute involving the pop group OMG Girlz, a federal judge has drastically reduced a punitive damages award from $53.6 million to just $1. The case centers around allegations that MGA Entertainment, a California-based toymaker, deliberately copied the group’s distinctive look for their line of dolls. U.S. District Judge James Selna concluded that…
Target is currently facing a trademark and trade dress infringement lawsuit concerning its “Kindfull” pet food line. The lawsuit claims that Target replicated the plaintiff’s pet food line after she applied for participation in the retailer’s “Forward Founders” program. This legal action underscores the current trend in litigation involving the pet food industry. For context,…
Renowned kitchen appliance manufacturer Vitamix has initiated legal proceedings against Dynamic International, claiming trademark infringement. The lawsuit alleges that Dynamic International’s “BlenderPro” series closely resembles Vitamix’s signature blender design, posing a risk of consumer confusion. High-profile companies like Vitamix frequently employ trade dress infringement claims to safeguard market share and brand integrity. Such actions underscore…
In a legal confrontation that underscores the competitive nature of corporate branding, U-Haul International has initiated a trademark infringement lawsuit against its rival, Public Storage. The suit, filed by U-Haul, asserts that Public Storage has submitted misleading information to the United States Patent and Trademark Office (USPTO) to claim the exclusive right to the color…
Houston Office Managing Partner John Keville of Sheppard Mullin achieved a notable outcome in the third trial involving the Atlanta-based pop group OMG Girlz, securing a $71.4 million verdict for alleged trade dress infringement. This legal battle highlighted the importance of credibility in the courtroom, as emphasized by Keville. He led his team effectively in…
Birkenstock’s patent and trademark infringement claims against footwear competitor White Mountain International will proceed, according to a recent ruling by a federal judge in Massachusetts. Judge Patti B. Saris concluded that Birkenstock sufficiently alleged claims for design patent, trademark, and trade dress infringement regarding its two-strap sandal, big-buckle sandal, toe-loop sandal, and Boston and Buckley…
Artists defending a class-action lawsuit are claiming a major win this week in their fight to stop the most sophisticated AI image generators from copying billions of artworks to train AI models and replicate their styles without compensating artists. In an order on Monday, US district judge William Orrick denied key parts of motions to…
Renowned intellectual property litigator, Grace Pan, is the latest addition to the impressive roster of Carlton Fields. She has joined as a shareholder in the national intellectual property division based out of New York, as announced by the firm earlier this week. Pan’s practice centers around IP litigation, patent law, trade dress, and trade secrets….