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Focus (Forum & Focus)

Aug. 16, 2007

All Dressed Up

Focus Column - By Dylan Ruga - The 9th U.S. Circuit Court of Appeals is making it harder than ever to protect intellectual property rights for the packaging and appearance of products.

FOCUS COLUMN

By Dylan Ruga

      Obtaining a preliminary injunction in the 9th U.S. Circuit Court of Appeals to protect your trade dress - the packaging and appearance of your product - just became a lot more difficult. In Hansen Beverage Co. v. Nat'l Beverage Co., 06-56390 (9th Cir. June 29, 2007), the court reversed a preliminary injunction issued by the district court to the makers of Monster energy drinks because it found...

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