A decisive legal victory was secured by Van Leeuwen Ice Cream as a New York federal judge mandated Rebel Creamery to forfeit approximately $23.8 million in profits and alter its pint packaging. This ruling followed a bench trial that concluded Rebel Creamery had deliberately imitated Van Leeuwen’s distinctive pastel and minimalist trade dress, which has…
A Pennsylvania federal judge has recently dismissed a trade dress infringement claim filed by Pearl Musical Instrument Co. Ltd. against a Japanese competitor. The case revolves around intellectual property disputes over the design of marching band drum carriers. Notably, the judge’s decision allows Pearl another opportunity to amend its claim and bolster its arguments. This…
An intellectual property attorney sanctioned in a trade dress infringement case is seeking relief from penalties imposed due to alleged misrepresentations. The attorney has appealed to the Federal Circuit, stressing that his “professional and personal integrity, and my family, depends on it.” The case represents a critical juncture in his career as he contends with…
An intellectual property attorney recently appeared before the Federal Circuit, ardently appealing the sanctions imposed on him in a trade dress infringement case. Previously sanctioned for what the district court identified as repeated misrepresentations, the attorney highlighted the tremendous personal and professional repercussions at stake, including his “professional and personal integrity, and my family.” The…
The Sixth Circuit Court has confirmed that Procter & Gamble can continue to market its Spruce weed killer, rejecting Scotts Miracle-Gro Company’s legal attempt to halt its sale. Scotts had sought an injunction on the basis that P&G’s product packaging infringed on its trade dress, but the court found the argument lacking. In the decision…
The Ninth Circuit recently probed the legitimacy of a trademark victory claimed by Jack Daniel’s regarding VIP Products’ “Bad Spaniels” dog toy. This case challenges whether Jack Daniel’s distinctive design elements, apart from its name, can support a tarnishment ruling against the product, famously styled as a poop-themed parody of the renowned whiskey brand. During…
In a significant development in trademark law, a federal judge in New York has ruled that Nut Cravings Inc. can proceed with its counterclaims in a trademark infringement lawsuit brought by The Wonderful Co. concerning pistachios. The lawsuit centers on whether The Wonderful Co.’s trade dress—its product’s distinct packaging and branding—is generic and therefore unprotectable….
In a significant legal development, Costco and Apollo Healthcare Corp. successfully fended off a trade dress infringement counterclaim involving the popular “Brazilian Bum Bum” cream. The case was brought against them by a rival company alleging that they had copied the design elements of the cream’s distinctive packaging, which features a rounded bottom and an…
In a recent turn of events, Walmart finds itself entangled in a legal battle over intellectual property rights concerning the distinctive trade dress of stormproof matches. The lawsuit, initiated in a Seattle federal court, accuses the Canadian distributor Circle Sales & Import of infringing upon the registered orange-and-brown trade dress owned by an outdoor equipment…
A Massachusetts federal judge has granted Whoop Inc. a preliminary injunction against Shenzhen Lexqi Electronic Technology Co., Ltd., a Chinese manufacturer accused of infringing Whoop’s trade dress with its health-tracking products. The injunction mandates that Lexqi cease selling the contested devices in the United States during the ongoing litigation. ([insider.fitt.co](https://insider.fitt.co/press-release/federal-court-grants-whoop-preliminary-injunction-against-lexqi/?utm_source=openai)) Whoop, known for its minimalist,…
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…