There were two primary arguments against single color marks – the first was ‘color depletion theory’ and the other was ‘shade confusion theory: The gist of the color depletion theory was that there were only so many colors so taking even one out of circulation disadvantaged competitors. The shade confusion theory went to the
Trade Dress Complaint re PED EGG
Manufacturer of Ped Egg, as seen on TV, sues alleged counterfeiter for trade dress.
Complaint Ped Egg Trade Dress(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();
Turbo Snake As Seen On TV v TV Brands Sink Wizard
Black Card v Black Card Trade Dress
American Express provides the Centurion credit card, known as the Black Card. The annual fee is reportedly $2500. Defendant offers a black card (and claims it filed a patent for its ‘carbon and carbon-based’ card).
Complaint Black Card
Trade Dress Suit re Lacrosse Helmets
Plaintiff (represented by friend of the blog John Welch) sues New Balance alleging infringement in trade dress of lacrosse helmet.
Complaint Sports Helmet
Heart Attack Grill v Heart Stoppers for Burgers
Laughing in the face of death, Heart Attack Grill sues Heart Stoppers (both are burger restaurant) for infringing use of ‘high caloric food, medically themed’ burger. Both places offer quadruple burgers, have wait-staff wearing nurses uniforms, etc. Both places allow people over 350 to eat free. Heart Attack Grill seems to have only one location
“Case Study” of Design Within Reach’s Move To “Knock-Offs” Plus Questions For Discussion
Design Within Reach, a retailer of designer furniture, used to promote itself as ‘The source for licensed classics,’ selling modern classics such as the Barcelona Chair and Eames Chair. This earned it a certain following but also a non-following who referred to it as ‘Design Out Of Reach.” This FastCompany article details its current finanical
YooHoo v Beanie Boos re Crossed Big Pupiled Colored Iris Eye Dolls
Aurora, seller of YOOHOO AND FRIENDS plush dolls sues Ty, maker of BEANIE BOOS plush dolls for copyright and trade dress infringement, regardnig dolls that have crossed eyes, big pupils and colored irises.
The photograph of the Beanie Boos was taken by Sondra Schlossberg.
Memo Yoohoo v Beanie Boo Copyright Trade Dress
Trade Dress Suit Re Danish Cookie Tins
Note that I did not have access to legible exhibits to the complaint. I understand these to be cookie tins offered by plaintiff and defendant and not necessarily the products involved in this action.
Complaint Danish Butter Cookies
Knoll v Mod Decor re ‘Shape’ of Barcelona Collection
Knoll, successor in interest to Mies van der Rohe’s Barcelona collection, sues Mod Decor on ‘look-a-like’ furntiure.
Mod Decor’s ‘modern seating’ page here.
Prior post on protection of Barcelona chair here.
Drawing from Knoll’s registration in the Barcelona couch above.
Knoll filed a similar lawsuit against Sexyfurnishings today as well.
Complaint Barcelona Chair