Intellectual Property News and Reports

Appellee Jason Scott Collection, Inc. (JSC) and Appellants Trendily Furniture, LLC, Trendily Home Collection, LLC and Rahul Malhotra (collectively, “Trendily”) are high-end furniture manufacturers that sell their products in the Texas market. In 2016, Trendily intentionally copied three unique furniture designs by JSC and sold them to Texas retailers. The district court granted summary judgment to JSC on its copyright claim, and then held Trendily liable on the trade dress claim following a bench trial. On appeal, Trendily challenges only the latter ruling, arguing that trade dress liability is precluded here because JSC did not demonstrate either secondary meaning or the likelihood of consumer confusion. Because the district court did not clearly err in finding JSC’s pieces had acquired secondary meaning and created a likelihood of confusion, and did not abuse its discretion in awarding damages and attorneys’ fees, we affirm.

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