Case law, Infringement, United States

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District court erred in dismissing infringement claims for failure to articulate trade dress with precision; unfair competition claims revived as federal claims reinstated. The U.S. Court of Appeals for the Second Circuit vacated and remanded a federal district court’s dismissal of a motorcycle helmet maker’s trade dress infringement and unfair competition claims against H&H Sports…

Case law, United States

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

The court also exceeded its discretion in awarding attorney fees to the plaintiff. The U.S. Court of Appeals for the Fifth Circuit reversed part of a federal district court’s judgment in a trademark dispute between Appliance Liquidation Outlet, L.L.C. (ALO) and Axis Supply Corporation (Axis). The appellate court found that the district court erred in…