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... Read more →

The panel affirmed the district court’s dismissal of a claim of trade dress infringement, reversed the district court’s dismissal of a claim of infringement of copyright in kinetic and manipulable sculptures, and remanded. As to the copyright claim, the panel... Read more →

Defendant-Appellant MSCHF Product Studio, Inc. (“MSCHF”), the creator of the Wavy Baby sneaker, appeals from the April 29, 2022 order of the United States District Court for the Eastern District of New York (Kuntz, J.) granting the request by Plaintiffs-Appellees... Read more →

In the latest chapter in the saga of two children’s clothing manufacturers, we are asked to determine whether one of the manufacturers has properly brought trademark and trade dress infringement claims against the other. And, if not, whether the defending... Read more →

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... Read more →

Pocket Plus, LLC, sued Pike Brands, LLC (“Running Buddy”) for trade-dress infringement of Pocket Plus’s portable pouch. The district court granted summary judgment to Running Buddy and awarded it a portion of its requested attorney fees. Pocket Plus appeals the... Read more →

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 →

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 →

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 →

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 →