Trade Dress

Vitamix Launches Legal Battle Over Trademark in Competitive Blender Market

Pieter Gunst01 mins

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…

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U-Haul Sues Public Storage Over Trademark Claim to the Color Orange in Industry Dispute

Pieter Gunst02 mins

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…

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Sheppard Mullin Wins $71.4 Million Verdict in OMG Girlz Trade Dress Infringement Case

Pieter Gunst01 mins

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…

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Federal Judge Advances Birkenstock’s Infringement Claims Against White Mountain

Pieter Gunst01 mins

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…

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IP Litigator Grace Pan Joins Carlton Fields, Bolstering National Intellectual Property Division

Pieter Gunst02 mins

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….

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Judge McMahon’s Omnibus Ruling Offers Insight into Complex Intellectual Property Litigation

Pieter Gunst03 mins

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…

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Court Dismisses Liberty Tax Services’ Lawsuit Against AMC, Upholding Creative Liberties in Media Industry

Pieter Gunst02 mins

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…

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Design Patents and Trademarks: Strengthening Brand Protection in a Competitive Landscape

Pieter Gunst03 mins

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…

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Trade Dress Protection: Securing Brand Distinction in Today’s Competitive Market

Pieter Gunst03 mins

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….

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