The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court ...
RECENT FASB RULE CHANGES HAVE MADE IT IMPORTANT for CPAs to understand the concept of “trade dress” and its impact on a company’s financial statements. Trade dress refers to the unique packaging or ...
A recent federal court decision highlights the delicate balance between U.S. Food and Drug Administration (FDA) guidance and trade dress protections for drugs administered in a tablet or capsule form.
Trade dress is not a separate legal framework. It functions as a specific branch of trademark law that covers a product’s ...
“Recent lawsuits involving Lululemon, Sol de Janeiro, and Smucker’s show that courts are now being asked to define the limits of trade dress protection in industries where imitation is common and ...
WTR is a unique and timely intelligence service informing commercial trademark decision making by assessing the business impact of trademark law developments.
“The tension between patents and trade dress protection is most evident when the alleged trade dress (or aspects thereof) has been disclosed in a utility patent.” Patents and trademarks protect ...
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