Intellectual Property News and Reports

This case arises from a dispute over product packaging and marketing between two manufacturers of two similar heavy-duty adhesives. The plaintiff, J-B Weld Company, appeals from the District Court’s grant of summary judgment on all counts1 of its amended complaint in favor of the defendant, the Gorilla Glue Company. J-B Weld’s amended complaint is premised on the following claims: (1) trade dress infringement under the Lanham Act, Georgia law, and the common law of unfair competition; (2) trade dress dilution under Georgia law; and (3) false advertising under the Lanham Act and Georgia law. For the reasons that follow, we affirm the grant of summary judgment for Gorilla Glue as to J-B Weld’s false advertising claims, but reverse and remand with respect to its trade dress infringement and trade dress dilution claims.

Download J-B Weld Co. LLC v. The Gorilla Glue Co.