Intellectual Property – Trade Dress

By: Derek Hawkins//January 30, 2017//

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7^th Circuit Court of Appeals

Case Name: Arlington Specialties, Inc. v. Urban Aid, Inc.

Case No.: 14-3416

Officials: FLAUM, MANION, and HAMILTON, Circuit Judges.

Focus: Intellectual Property – Trade Dress

This Lanham Act case turns on whether the shape and design of a small bag, modeled after a men’s Dopp Kit and used in personal care kits, are functional and therefore not protected as trade dress. Plaintiff sells personal care kits in such a bag. When another personal care kit seller copied plaintiff’s bag, plaintiff sued, claiming the bag was protected trade dress. The district court granted summary judgment in defendant’s favor, finding that the bag’s design and shape were functional. We agree, so we affirm the district court’s decision.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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