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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 ...
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
Apple filed a lawsuit against Amazon.com over Appstore for Amazon, but abandoned the lawsuit after an early rejection of Apple's false advertising claim in the lawsuit. [32] As part of the settlement, Apple gave Amazon a covenant not to sue, so that Amazon would drop its counterclaim to have the registration cancelled. [32]
The settlement aims to clear nearly 100,000 lawsuits filed by consumers ranging from homeowners to farmers who say they developed cancer because of the product. Some 25,000 cases still remain.
Trade dress can be protected as getup under the law of passing off in the UK. Passing off is a common law remedy for protecting an unregistered trade mark. [3] Getup, packaging, business strategy, marketing techniques, advertisement themes etc. can also be protected under passing off.
Danny Elfman has lost a bid to dismiss a defamation lawsuit brought by fellow composer Nomi Abadi over statements he made to Rolling Stone in 2023 that were included in an investigative piece ...
Aug. 24—SCRANTON — A judge on Thursday approved settlements totaling $10.4 million in two class-action lawsuits involving Scranton's garbage fees. The cases are a 2016 lawsuit filed by Adam ...
Another option for highly-recognizable fashion designs is to register it as a trade dress with the United States Patent and Trademark Office (ex Hermès and the Birkin bag). [2] [6] In the 2017 Supreme Court case. Star Athletica, LLC v. Varsity Brands, Inc., it was ruled that Fashion design can be covered by copyright.