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Articles Posted in Trade Dress

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Tacori Loses Crescent Jewelry Design Preliminary Injunction Bid Against Scott Kay

Tacori suffered another loss in its continuing copyright and trade dress infringement lawsuit against rival jewelry designer Scott Kay. The Court previously denied Tacori’s ex-parte application for a temporary restraining order, but that did not deter Tacori’s attempts to prevent Scott Kay’s sales of its Heaven’s Gate jewelry collection. Not…

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Jeffrey Campbell Sues Steve Madden For Copying Lita Shoe Design

Los Angeles, CA – Jeffrey Campbell is taking an aggressive approach to protecting its shoe designs by recently suing Forever 21 for allegedly copying six of its shoe designs. Last week, Jeffrey Campbell filed a new design patent and trade dress infringement and unfair competition lawsuit against Steve Madden for…

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Shoe Designer Jeffrey Campbell Sues Forever 21 For Copying Six Shoe Styles

Los Angeles, CA – Following the trend of fashion designers filing trade dress infringement lawsuits to protect designs not covered by copyright law, Jeffrey Campbell is suing Forever 21 for allegedly copying six shoe designs. Like Givenchy v. BCBG and Marc Jacobs v. Christian Audigier before it, Jeffrey Campbell is…

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Tacori Loses Crescent Jewelry Design Copyright And Trade Dress Temporary Restraining Order

Los Angeles, CA – Tacori Enterprises sued Scott Kay for copyright and trade dress infringement over sales of jewelry incorporating a repeating crescent design. Tacori filed an ex parte application for a temporary restraining order to prevent further sales of Scott Kay’s Heaven’s Gate Collection that allegedly infringes Tacori’s purported…

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Wine Trademark and Trade Dress Dispute – San Antonio Winery Sues Banfi Products

Los Angeles, CA – San Antonio Winery filed a trademark and trade dress declaratory judgment action against Banfi Products. San Antonio’s Stella Rosa Imperiale Brachetto d’Acqui wine is made from Brachetto grapes that are sourced from the D.O.C.G. region of Brachetto d’Acqui. San Antonio has registered its Stella Rosa design…

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Givenchy Sues BCBG Max Azria Over Purse Design – Trade Dress

Los Angeles, CA – Givenchy, the luxury merchandise manufacturer, seems to be jumping on the trade dress bandwagon (see here and here) to prevent copying of its purse design. Instead of protecting its purse design with a design patent, Givenchy claims that its Nightingale Trade Dress “includes without limitation a…

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Upper Deck To Pay MLB To Settle Trademark Infringement Lawsuit

New York — Upper Deck will reportedly pay MLB a “substantial sum” in addition to $2.4 million to settle the trademark infringement and breach of contract lawsuit, according to Reuters. On January 31, 2010, Major League Baseball Properties sued the Upper Deck Company for trademark infringement, trademark dilution, unfair competition,…

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Court Dismisses Carroll Shelby’s Trademark and Trade Dress Lawsuit Against Factory Five Racing

Car racing legend Carroll Shelby sued Factory Five Racing in California last year for trademark and trade dress infringement (details here). The District Court in Los Angeles granted Factory Five’s motion and transferred the case to Massachusetts (details here and here). The Massachusetts District Court has now dismissed Shelby’s Daytona…

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Marc Jacobs Sues Christian Audigier’s Company For Trade Dress and Trademark Infringement

Los Angeles, CA – Designer Christian Audigier’s Nervous Tattoo, Inc. is being sued by Marc Jacobs’ company for trade dress and trademark infringement over purse designs. Marc Jacobs designs apparel and accessories, including purses, and has a pending application for its random “Marc Jacobs” scrambled trademark. Marc Jacobs has applied…

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UGG® Competitor Sued For Patent Infringement & Lanham Act Unfair Competition Over Boots

Los Angeles, CA – UGG® boot manufacturer, Deckers Outdoor, filed a patent infringement and unfair competition lawsuit against Claire’s Stores and CBI Distributing. UGG® boots have set a fashion trend with young ladies wearing the lamb-skinned boots – to keep their feet and calves warm – with shorts, thereby allowing…

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