Who are the brands that have been sued for counterfeits?
Brands such as Coach, Tory Burch, Cartier and Polo Ralph Lauren have all won judgments in the hundreds of millions of dollars against web sites selling counterfeits — although most of these are in China, and the brands are unlikely ever to recover the money.
What was the lawsuit against Taco Cabana about?
Taco Cabana argued that its competitor had copied its 24-hour patio café concept, and virtually all of its interior and exterior design elements.
When did New York State Restaurant Association Sue?
The New York State Restaurant Association filed a federal lawsuit in an attempt to halt New York City’s 2008 rule that made chain restaurants disclose calorie information on their menus.
When to sue an infringer of a registered mark?
Registration of a mark under §2 of the Act, 15 U.S.C. § 1052 enables the owner to sue an infringer under §32, 15 U.S.C. § 1114; it also entitles the owner to a presumption that its mark is valid, see §7 (b), 15 U.S.C. § 1057 (b), and ordinarily renders the registered mark incontestable after five years of continuous use, see §15, 15 U.S.C. § 1065.
Can a federal court hear a trade dress infringement case?
Additionally, state and federal courts have concurrent jurisdiction under the Lanham Act, which means companies can bring trade dress infringement suits in state court and still enjoy the Lanham Act’s protections. For a trade dress infringement claim to succeed, the plaintiff must prove infringement by a preponderance of the evidence.
Can a trade dress rights holder claim distinctiveness?
However, common law trade dress rights holders can still make the claim for distinctiveness in a trade dress infringement case. When considering distinctiveness, courts look at product design and product packaging.
Where can you register a trade dress in the US?
Just like trademarks and patents, companies can register their trade dress with the United States Patent and Trademark Office, (USPTO). Doing so allows companies to protect their trade dress in federal court from infringement.
How does a company protect their trade dress?
Doing so allows companies to protect their trade dress in federal court from infringement. To get that protection, the trade dress must be “inherently distinctive,” and use by others must be likely to confuse buyers. Companies that get this protection for their trade dress can sue other parties for infringing.