Civil Litigation,
Intellectual Property,
9th U.S. Circuit Court of Appeals
May 18, 2018
We haven’t heard the last on trade dress precedent
In a recent case the 9th Circuit provided some guidance to practitioners of how to establish irreparable harm beyond mere evidence of likelihood of confusion, but dueling opinions suggest more may be yet to come.
Brian M. Wheeler
Partner
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Dr S Ste 300
Cerritos , California` 90703
Phone: (562) 653-3200
Email: BWheeler@aalrr.com
Brian focuses his practice on intellectual property litigation, including trademark, trade dress, design patent, and copyright infringement, as well as trade secret misappropriation and unfair competition cases. He regularly represents his clients in trade dress matters, including in particular litigation to enforce trade dress rights for products and product packaging that includes color as a prominent element of multi-element trade dress.
In its highly anticipated decision in adidas v. Skechers, the 9th U.S. Circuit Court of Appeals provided some guidance to practitioners of how to establish irreparable harm beyond mere evidence of likelihood of confusion, but dueling opinions suggest more may be yet to come for the impact of overlapping evidence of confusion and inferred irreparble harm. 2018 DJDAR 4293 (May 10, 2018).
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