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Trade Dress

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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P & P Imps. Ltd. Liab. Co. v. Johnson Enters., Ltd. Liab. Co., Nos. 21-55013, 21-55323, 2022 U.S. App. LEXIS 23688 (9th Cir. Aug. 24, 2022)

A trade dress need not be associated in the public mind with a particular manufacturer or other provider in order to acquire secondary meaning and thus be protectible under the Lanham Act.  It is enough to show that the public thinks the product in that dress comes from a single source, even if the public cannot identify which source that… Read More