News & Analysis as of

Trade Dress Lanham Act Patent Infringement

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

Spilman Thomas & Battle, PLLC

Athletic Fashion Dispute in Race to Courthouse

Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won the "race to the courthouse" in response to a cease...more

Jones Day

Sole Survivor: Federal Circuit Rejects ITC Determination that Converse Trade Dress Is Invalid

Jones Day on

The Situation: In 2014, Converse filed a complaint with the International Trade Commission ("ITC"), alleging that numerous shoe manufacturers and retailers infringed the trade dress of its signature Chuck Taylor® All Star®...more

Jones Day

Default Determination Highlights The Importance Of Alleging Every Element

Jones Day on

A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

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