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….
Trade dress law, which pertains to the design and configuration of product packaging or the product itself, is currently a subject of interest in the legal circles due to a plush toy dispute. Kelly Toys’ Squishmallows are at the very center of this legal scuffle, with allegations that Build-A-Bear’s Skoosherz infringes on their trade dress…
In recent news, Johanna Schmitt has made a significant career shift by joining Norton Rose Fulbright. Previously serving at Kirkland & Ellis, she assumed her new position in New York as a partner on Monday. At Norton Rose Fulbright, Schmitt will bring to bear her extensive experience in a variety of legal areas. She is…
In a comprehensive ruling on September 20, 2023, Judge McMahon of the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided on a series of pre-trial motions in a complex litigation involving trade dress infringement, unfair competition, and patent infringement. The parties involved were Geigtech East Bay LLC (“Geigtech”) and Lutron Electronics…
A recent legal development in the shoe industry catches the attention of many sectors, as New Balance levels a lawsuit against Golden Goose, Inc. The basis of the dispute centers on alleged trademark infringement with respect to Golden Goose’s “Dad-Star” sneaker. JD Supra reported the information in their timely article. On August 18, 2023, New…
A New York-based design studio has found itself at the center of a federal lawsuit asserting infringement of one of its “most prominent and coveted products”; a frosted glass orb chandelier with a distinctive cloud configuration. According to an August 8, 2023 complaint, the studio, Apparatus, debuted this uniquely arranged fixture, dubbed the “Cloud Fixture”…
The U.S. District Court for the Southern District of New York recently dismissed Liberty Tax Services’ lawsuit against AMC, according to a report on JD Supra. The suit alleged trademark and trade dress infringement, trademark dilution, and defamation. The accused party, AMC, used the name “Sweet Liberty Tax Services” (“SLTS”) in Season 6 of the…
While most brand owners understand the importance and value of registered trademarks in safeguarding the goodwill between themselves and consumers, not all might be fully aware of the comprehensive protection offered by another intellectual property right: design patents. Trademarks, in their own right, play a crucial role in curtailing consumer confusion regarding the source of…
In an increasingly competitive market, corporations and law firms must consistently distinguish their products and services from those of their competitors. One often underutilized tool for achieving this distinction is Trade Dress Protection. This legal framework protects the visual appearance of a product or its packaging that signifies the source of the product to consumers….
In an increasingly complex regulatory environment, the manner in which a company positions and protects its products – specifically, their trade dress – is vital to maintaining both a competitive edge and a defense against legal challenges. A recent decision from the Third Circuit, however, offers a stark reminder for companies to exercise caution when…