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https://lrus.wolterskluwer.com/news/ip-law-daily/manufacturer-of-cane-shaped-massager-sufficiently-pleaded-trade-dress-infringement-in-amended-complaint/38026/
Oct 02, 2017 · By Mark Engstrom, J.D. A manufacturer of massage and fitness products sufficiently alleged the distinctiveness, secondary meaning, and non-functionality of its trade dress in an "S-shaped" cane massager in its first amended complaint, the federal district court …
https://floridaip.blogspot.com/2012/02/amended-pleading-rule-15a1-vs.html
Feb 05, 2012 · Amended Pleading (Rule 15(a)(1)) vs. Supplemental Pleading (Rule 15(d)) -- Are they different? ... Kramer responded to the covenant not to sue by filing an Amended Complaint, pursuant to Fed. R. Civ. P. 15(a)(1), asking now for a declaration that it did not infringe the patents MacNeil sued over in Illinois. ... (and related trade dress and ...Location: Tampa, FL, United States
http://unintellectualproperty.com/trade-dress-complaint-bounced-for-failure-to-claim-nonfunctional/
In doing so, the Court stated that Plaintiff provided “no factual allegations demonstrating that the design is not aesthetically or otherwise functional” and further went on to state “the Amended Complaint makes no allegations concerning Plaintiff’s advertising expenditures, consumer surveys, prior attempts to plagiarize the trade dress ...
https://www.docketbird.com/court-documents/Barrio-Bros-LLC-et-al-v-Revolucion-LLC-et-al/Amended-Complaint/ohnd-1:2018-cv-02052-00053
PageID #: 672 60. The Barrio trade dress is non-functional, unique and distinctive as to the source of the restaurant, its products and services, and has acquired secondary meaning, because consumers associate Plaintiffs as the source of the restaurant and its products and services provided under the Barrio trade dress.
https://www.ftc.gov/enforcement/cases-proceedings/case-document-search
The official website of the Federal Trade Commission, protecting America’s consumers for over 100 years. ... Complaint for Permanent Injunction and Other Equitable Relief (554.19 KB)
https://law.justia.com/cases/federal/appellate-courts/ca8/16-4483/16-4483-2018-08-09.html
Furthermore, because Munro’s proposed amended complaint continues to style his claim as trade dress infringement under the Lanham Act, he has not shown that amending the complaint would save his claim. Thus we find the district court properly dismissed his motion to amend his trade dress claim as futile. -5- 2.
http://media.ca11.uscourts.gov/opinions/pub/files/19952848.MAN.pdf
The validity of Epic's claim of protectable trade dress under the Lanham Act is a mixed question of law and fact. To determine whether trade dress has been infringed is a question of law subject to de novo review. United States v. Miller, 71 F.3d 813, 816 (11th Cir.1996). The issue of functionality is a …
https://www.bevnet.com/news/2019/update-monster-files-amended-complaint-against-vpx
Apr 03, 2019 · Monster Energy has fired back against Vital Pharmaceuticals (VPX Sports) in a First Amended Complaint that accuses the Bang maker of “flagrant …
https://cases.justia.com/federal/appellate-courts/ca8/16-4483/16-4483-2018-08-09.pdf?ts=1533828653
complaint. In his proposed amended complaint, Munro alleged: trademark and trade dress infringement, trademark and trade dress dilution, false designation of origin and unfair competition, misappropriation, fraud, tortious interference with prospective business opportunities, and unfair competition. The district court found that Munro’s
http://www.protectingdesigns.com/images/2014.09.08_Deckers_v_JCPenney_CDCA_Order_-_paper30.pdf
boots with similar designs, Deckers brought this action, alleging trade-dress infringement, false designation of origin, federal unfair competition, patent infringement, and state-law unfair competition. JC Penney moved to dismiss the First Amended Complaint, arguing that Deckers failed to state a …
https://www.docketbird.com/court-documents/Yeti-Coolers-LLC-v-Hogg-Outfitters-LLC/Answer-to-Amended-Complaint/txwd-1:2018-cv-00512-00018
Answering Count IV: Asserting Trade Dress Dilution Under Tex. Bus. & Com. Code § 16.103 48. Regarding the allegations of numbered paragraph 48 of the First Amended Complaint, Defendant Hogg Outfitters re-alleges and incorporates herein by reference its answers to each and every allegations of numbered paragraphs 1-47 as if fully set forth ...
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2445.Opinion.12-7-2018.pdf
Dec 07, 2018 · Laerdal amended its complaint on May 18, 2016 and filed a supplement to the amended complaint on June 7, 2016. J.A. 2358. ... trade dress claims, contending the Commission acted in violation of §1337(g)(1) by terminating the investigation and …
http://www.fosspatents.com/2011/06/apple-amends-complaint-against-samsung.html
Jun 17, 2011 · Apple has already put its inevitable defeat against Nokia behind it and is in attack mode again. Yesterday (Thursday, June 16, 2011), Apple amended and expanded its complaint against Samsung, asserting more patents and other intellectual property rights than before against an extended list of allegedly infringing products.
https://issuu.com/watchlords.com/docs/amended_complaint_audemars_piguet
Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online. Easily share your publications and get them in front of Issuu’s ...
https://acronyms.thefreedictionary.com/First+Amended+Complaint
FAC - First Amended Complaint. Looking for abbreviations of FAC? It is First Amended Complaint. First Amended Complaint listed as FAC. First Amended Complaint - How is First Amended Complaint abbreviated? ... filed its First Amended Complaint asserting six causes of action against Skawa for alleged acts of trademark and trade dress infringement ...
http://www.ipwatchdog.com/wp-content/uploads/2018/12/ITC-MK-Lighter-Complaint-4136-1840-4370-2.pdf
2 industry in pocket lighters that incorporate the trade dress, as discussed further below in Section VIII. This Complaint seeks an investigation and remedies to protect BIC’s domestic industry
https://cases.justia.com/federal/district-courts/arizona/azdce/2:2014cv02057/883010/47/0.pdf?ts=1431768210
Management Order (Doc. 25), VIP requested leave to amend its complaint. The amended complaint would add a second and third claim for relief. The second claim requests a declaratory judgment that Jack Daniel’s trade dress and bottle design are not entitled to trademark protection because they are functional and non-distinctive. Doc. 31-1 ...
https://www.law.uh.edu/faculty/gvetter/classes/TrademarksSpring2016/UHLC_Overmont_TrademarkDamagesPresentation_April2016.pdf
Determining Economic Damages in Trade Secrets Litigation 4/20/2016 Speaker Name 4 Injunctive Relief –Starter Corp. v. Converse, Inc. • Converse and Starter entered into a 1990 Agreement in which Starter agreed not to apply for a trademark for the Starter Star Marks for use on shoes and
https://www.housingwire.com/articles/docmagic-gets-new-lawyers-amends-antitrust-complaint-against-ellie-mae/
May 14, 2010 · Armed with new lawyers and data from a Securities and Exchange Commission (SEC) filing, loan document compliance software developer DocMagic submitted an amended complaint in …Author: Austin Kilgore
http://www.tiplj.org/wp-content/uploads/Volumes/v2/v2p103.pdf
overall image.3 The appropriate inquiry is whether the alleged trade dress infringer has copied a distinctive combination of features.4 Federal protection of trade dress is derived from section 43(a) of the Lanham Act.5 To establish a trade dress infringement claim under section 43(a) of the Lanham Act, a plaintiff must prove both the *105 validity of the trade dress and the
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