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Trade dress is capable of identifying the source of a good or service, so inherently distinctive trade dress is protectable under the Lanham Act without showing the trade dress has acquired secondary meaning. Qualitex Co. v. Jacobson Products Co., Inc. 514 U.S. 159: 1995: 9–0: Substantive: Trade dress; Functionality Majority: Breyer: Lanham Act
Many of these cases have lead to class action lawsuits and proceedings by the Federal Trade Commision (FTC), resulting in a number of settlements worth millions — or even billions — of dollars ...
Star Athletica had conceded this because it was an abstract painting (not a dress design), [49] but the government said that the painting would cover the entire dress surface and was no different than the Varsity designs. It also said that, in applying the requested conceptual-separability analysis, what mattered was that a uniform stripped of ...
Pages in category "United States trade dress case law" The following 2 pages are in this category, out of 2 total. This list may not reflect recent changes. T.
A Mejuri spokesperson told WWD in a statement about the filing: “David Yurman’s lawsuit is an attempt to bully an emerging female-founded competitor, monopolize classic design motifs used for ...
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Two Pesos, Inc. v. Taco Cabana, Inc. 505 U.S. 763 (1992) (Supreme Court applied trademark distinctiveness spectrum to trade dress, arguably giving official sanction to the merger of the requirements for trademark and trade dress, noting that inherently distinctive trade dress required no showing of secondary meaning.)
A bridal shop moved from Johnson County to Kansas City after suing a customer for libel. After continued problems and a bankruptcy filing, it may close permanently, the owner said.