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Plaintiff claims trade dress in distinctive features of portable bluetooth speaker including ‘rectangle with rounded corners,’ ‘perforated grille,’ and ‘circle design passive radiators.’ See para. 39 for list of features. Interestingly, it seems to be claiming distinctive sounds made when pressing certain buttons, as part of the trade dress, making the claim and interesting mix of audio and visual elements (certain motion trademarks, such as the MGM lion roar, contain visual and audio elements, but this is a little different).

Aggravating factor: both parties used the same factory in China.

Drafting point: Just as well not to use the phrase ‘easy to use’ in the paragraph listing the elements of your trade dress.

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