19
Jan/18

SDNY Asked To Explore Functionality of Sex Toys In Trade Dress Case


cotr plug

Plaintiff has sold the b-Vibe Rimming Plug device since the summer of 2017. It alleges that its plug, the remote control, the charger and the case are all “uniquely designed” and it claims trade dress therein (See exhibit A below). Defendant has offered for sale the XR Rimmer since January 8. Plaintiff alleges that defendant’s products infringes its trade dress in the plug, charger, remote and case (See exhibit B). Plaintiff has field for design patent protection as well.

Two points. Plaintiff refers to a beaded pattern in para. 29, which pattern seems to be copied by defendant, but not displayed in Exhibit 1.

Second – para. 38 reads “Alternative constructions perform the same adult toy product function as COTR’s trade dress. How would you edit that sentence?

Wikipedia on sex toys.

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