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One year later, Taco Cabana sued Two Pesos in federal district court for trade dress infringement under the Lanham Act and for theft of trade secrets under Texas common law. [10] Both the district court and the United States Court of Appeals for the Fifth Circuit agreed that Two Pesos deliberately infringed upon Taco Cabana's trade dress, and ...
Trade dress; Secondary meaning: Majority: White: Lanham Act: 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 ...
As alternatives, fashion designers turned to other forms of intellectual property: design patents and trade dress, an aspect of trademark. [3] These generally provided designers causes of action to sue suspected infringers. [22] [23] [24] However, they were critical of the hurdles necessary to acquire these. The process to acquire a design ...
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
United States trade dress case law (4 P) Pages in category "United States trademark case law" The following 68 pages are in this category, out of 68 total.
Two influencers have entered a legal battle over a beige aesthetic on social media that began when one creator accused another of mimicking her vibe online
In May 2015, the Federal Circuit affirmed parts of the jury's verdict at the District Court, but vacated a percentage of the dollar amount pertaining to trade dress infringement and dilution. [58] This decision was appealed to the Supreme Court of the United States. In December 2016, the Supreme Court decided 8–0 to reverse the decision from ...
KP Permanent Make-Up, Inc. v. Lasting Impression I. Inc. 543 U.S. 111, 124 (2004) ("a plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion as part of the prima facie case, ... while the defendant has no independent burden to negate the likelihood of any confusion in raising the affirmative defense ...