George McCain, #Fluke's industrial designer, on the colour of the company's #multimeters
Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:
https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf
The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.
Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":
http://cafc.uscourts.gov/opinions-orders/22-2047.OPINION.2-16-2024_2271523.pdf
Ledge Lounger v. Luxury Lounger - Plaintiff moved for a preliminary injunction against trade dress infringement. Defendant agreed to the entry of such an injunction, without conceding liability. Defendant redesigned the accused product. Plaintiff asked the court to hold the defendant in contempt, arguing that the new product violated the injunction.
Decision: No contempt because "there has been neither an adjudication nor an admission of infringement."
https://storage.courtlistener.com/recap/gov.uscourts.txsd.1907429/gov.uscourts.txsd.1907429.59.0.pdf
Sarah Fackrell
Matthew Rimmer
amen zwa, esq.
Sarah Fackrell