Daco has a registration for the trade dress of a handle for blow torches. The mark is described as “a molded plastic handle for the goods consisting of a series of adjacent ring-like formations encircling the handle.” The drawing is depicted on top above (the protected handle is the right side of the drawing – the parts depicted by dashes on the left are not part of the claimed mark). Lincoln Electric incorporated the handle in its propane torch. Lincoln started purchasing ‘the same grip’ from a new supplier. Daco threatened to sue for trade dress infringement, Lincoln moves for a declaratory judgment.

lincoln v daco trade dresslincoln v daco trade dress

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