Tag Archives: Trade Dress

Federal Circuit’s Converse Ruling Provides Useful Secondary Meaning Guidelines

The Federal Circuit ruled on October 30 that the International Trade Commission had applied the wrong analysis in adjudicating plaintiff Converse’s trademark claims against Skechers and New Balance arising from the design of an athletic shoe. The holding remands the case and keeps Converse’s suit against its competitors alive. But more usefully, the opinion offers … Continue Reading

Why Food & Beverage Brands Should Care About the Crystal Head Vodka Case

Almost everything about Dan Aykroyd’s Crystal Head vodka is unique: according to the company’s website, distilled corn and peaches are mixed with “pristine water from Newfoundland,” then the liquor is filtered through semi-precious crystals known as “Herkimer diamonds.” The unique brand story is matched by the vodka’s packaging, a memorable clear glass skull that stands … Continue Reading
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