Intellectual Property News and Reports

Appeal from a judgment of the United States District Court for the Southern District of New York (Crotty, J.), granting Defendant-Appellee's motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the complaint in this action for trade dress infringement and unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and analogous state laws. The district court held that Plaintiff-Appellant failed in the operative complaint to articulate with precision the trade dress of its motorcycle helmet, including how the trade dress was distinct. We conclude that the district court erred in its application of the articulation requirement in trade dress infringement cases. VACATED AND REMANDED.

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