Back to the Future: trade dress found functional in 1985 still functional in...
The Federal Circuit once again rejected Bose Corporation's application to register a speaker design as a trademark. The court had earlier affirmed a finding of functionality by the USPTO, and because...
View ArticleNinth Circuit: No confusion likely between competing energy drinks,...
In a decision today, the Ninth Circuit vacated a preliminary injunction in a lawsuit over the trade dress of two competing energy drinks. The court held the district court's conclusion that success...
View ArticleTenth Circuit: Post-sale confusion relevant, but denial of injunction still...
In a decision rendered yesterday, the Tenth Circuit affirmed a district court's denial of a preliminary injunction in a trade dress infringement case. The Tenth Circuit did join multiple other...
View ArticleThird Circuit: Some store brand sucralose packaging confusing; injunction...
In a Christmas Eve decision, the Third Circuit partially reversed a district court's denial of a preliminary injunction regarding "store brand" sucralose sweeteners. McNeil Nutritionals, makers of...
View ArticleNinth Circuit: Trademark claim against tribal corporation does not confer...
In a recent decision, the Ninth Circuit reversed a district court's grant of a motion to stay federal trademark claims against Indian tribal defendants pending a determination of jurisdiction by a...
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