Lululemon complaint could set trade dress example
Milton Springut, partner in Herrick's Intellectual Property and Technology Group, was quoted in Managing IP discussing what Lululemon's trade dress complaint against Costco could mean for similar cases.
The article highlighted that Lululemon sued Costco "for trade dress and design patent infringement late last month at the District Court for the Central District of California."
Milton noted that Lululemon is asserting trade dress rights, which means that the public recognizes those elements as coming from a single source, and that there is a likelihood of confusion with the asserted infringing product.
"For product trade dress rights, that requires rigorous evidentiary proof. In a big case like this, the court may well look at the plaintiff to provide survey evidence with regard to both these issues to prevail."
Read the article in Managing IP here. Access may require a subscription.