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Case Citations [1] (Fall 2024)

handle is hein.ali/retuc0518 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations UNFAIR COMPETITION 3D CHAPTER 3. THE LAW OF TRADEMARKS TOPIC 1. SUBJECT MATTER OF TRADEMARK LAW § 16. Configurations of Packaging and Products: Trade Dress and Product Designs S.D.N.Y.2022. Com. (b) quot. in ftn. Manufacturer of shower curtains with hookless rings sued competitors, alleging, inter alia, that defendants infringed on plaintiff's trademarks and trade dress by making and selling confusingly similar shower curtains. This court entered judgment for plaintiff, holding that plaintiff s trademarks and trade dress were entitled to protection and that defendants infringed upon the trademarks and trade dress, because the trademarks were registered, and plaintiff demonstrated that there was likelihood of confusion between the parties' shower-curtain designs. Quoting Restatement Third of Unfair Competition § 16, Comment b, the court noted that plaintiff's burden of proof for asserting its rights in a trade dress for product design was higher than that of trademarks, because product designs served dual purposes of identification and utility, and were more likely to be seen as utilitarian aspects of the goods. Focus Products Group International, LLC v. Kartri Sales Co., Inc., 647 F.Supp.3d 145, 204. § 17. Functional Designs C.A.6, 2023. Com. (c) quot. in case quot. in conc. and diss. op. Manufacturer of children's clothing filed, among other things, trademark-infringement claims against competitor under federal and Kentucky law, alleging that defendant altered its logo to match plaintiff s unregistered trademark, which included a stylized, light blue letter 'B' that had the appearance of being constructed out of thread and was accompanied by the words bella bliss. The district court granted defendant's motion to dismiss. This court reversed in part and remanded, holding that plaintiff satisfactorily alleged a claim for trademark infringement. The concurring and dissenting opinion cited Restatement Third of Unfair Competition § 17, Comment c, in noting that plaintiffs unregistered trademark did not encompass every competing use of light blue color in marks for children's clothing, and that plaintiff s color protection extended no further than light blue color as applied to the stitching in its stylized b and in the words bella bliss. Bliss Collection, LLC v. Latham Companies, LLC, 82 F.4th 499, 519. COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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