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

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... Read more →

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Timothy B. O'Brien LLC v. Knott

David Knott, an employee of Wisconsin wellness retail store Timothy B. O’Brien, LLC (“Apple Wellness”), left the company and started a similar, competing wellness shop. Apple Wellness sued Knott for trademark and copyright infringement. Knott countersued. The district court found... Read more →

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Flexible Steel Lacing Co. v. Conveyor Accessories, Inc.

Flexible Steel Lacing Co. (“Flexco”) brought this action for trade dress infringement and unfair competition against Conveyor Accessories, Inc. (“CAI”). Flexco alleges that CAI infringed its registered and common law trade dress by promoting and selling conveyor belt fasteners with... Read more →

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VIP Products LLC v. Jack Daniel's Properties, Inc.

The panel affirmed in part, vacated in part, and reversed in part the district court’s judgment after a bench trial and permanent injunction in favor of Jack Daniel’s Properties, Inc., in a trademark suit brought by VIP Products, LLC, concerning... Read more →

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CTB, Inc. v. Hog Slat, Inc.

In this trade dress infringement case, Plaintiff-Appellant CTB, Inc. (“Plaintiff”) appeals rulings of the U.S. District Court for the Eastern District of North Carolina granting summary judgment in favor of Defendant-Appellee Hog Slat, Inc. (“Defendant”) on the grounds that Plaintiff’s... Read more →

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Bodum USA, Inc. v. A Top New Casting Inc.

Bodum USA, Inc. (“Bodum”) pro‐ duces and sells what design magazines and art museums have recognized as an iconically designed houseware product—the Chambord French press coffeemaker. Bodum sued A Top New Casting, Inc. (“A Top”) for selling a French press... Read more →

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Laerdal Medical Corp. v. International Trade Commission

Laerdal Medical Corp. and Laerdal Medical AS (collectively, “Laerdal”) appeal from the U.S. International Trade Commission’s final determination denying Laerdal relief based on claims of trade dress infringement against defaulting respondents. Certain Carbon Spine Board, Cervical Collar, CPR Masks and... Read more →

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Yellowfin Yachts, Inc. v. Barker Boatworks, LLC

Yellowfin Yachts, Inc. is a manufacturer of high-end fishing boats. Since 2000, Yellowfin has produced predominantly “center-consoled, open-fisherman styled boats” ranging between twenty-one and forty-two feet. According to Yellowfin, these boats all have the same “swept” sheer line, meaning a... Read more →

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Leapers, Inc. v. SMTS, LLC

Plaintiff Leapers, Inc. appeals the district court’s entry of summary judgment for Defendant Sun Optics USA in Plaintiff’s case alleging trade dress infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below, we... Read more →

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Arlington Specialties, Inc. v. Urban Aid, Inc.

This Lanham Act case turns on whether the shape and design of a small bag, modeled after a men’s Dopp Kit and used in personal care kits, are functional and therefore not protected as trade dress. Plaintiff sells personal care... Read more →

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