US Court Decisions Highlight Trends in Trade Dress and Patent Law
What happened
A US District Court for the Eastern District of New York ruled in Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC that Rebel Creamery intentionally copied Van Leeuwen’s distinctive ice cream packaging trade dress, awarding $23.785 million in disgorgement of Rebel’s profits. Separately, the Federal Circuit is poised to decide a question regarding obviousness-type double patenting in In re Ablynx.
From mondaq.com
Why it matters
The rulings occur amid a consumer movement known as “dupe culture,” which centers on affordable imitations of premium products. This trend, combined with recent favorable trade dress decisions, suggests an evolving legal landscape for brand protection.
From mondaq.com
Who's involved
Who could feel it
Possible knock-on effectsThese are possibilities Brind reasoned out, not predictions, and not advice. Most are not stated in any report.
- North AmericaSpeculative
North America could see increased market risk due to the rise of dupe culture and evolving trade dress law.