Intellectual Property News and Reports

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 →

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 →

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 →

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 →

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 →

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 →

CLAY, Circuit Judge. These consolidated appeals arise from a jury trial followed by a contempt proceeding. At trial, Defendants N2G Distributing, Inc. (“N2G”) and Alpha Performance Labs were found to have infringed the trademark and trade dress of 5-hour ENERGY... Read more →

McAirlaids, Inc. filed suit against Kimberly-Clark Corp. for trade-dress infringement and unfair competition under §§ 32(1)(a) and 43(a) of the Trademark Act of 1946 (“Lanham Act”), 15 U.S.C. §§ 1114(1)(a) and 1125(a), and Virginia common law. The district court granted... Read more →

Apple Inc. appeals from an order of the U.S. District Court for the Northern District of California denying Apple’s request for a permanent injunction against Samsung Electronics Company, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”).... Read more →

RONALD LEE GILMAN, Circuit Judge. The key issue in this case is whether a company can use trade-dress law to protect its functional product design from competition with a “copycat” design made by another company where there is no reasonable... Read more →