Biscuit ruling could ‘eviscerate’ trade dress rights, say counsel

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Biscuit ruling could ‘eviscerate’ trade dress rights, say counsel

Rani Mehta
February 04 2021
Hafiez Razali - stock.adobe.com

Companies should be cautious about how they advertise trade dress so long as the Third Circuit’s judgment stands, say lawyers

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

TrademarksIP StrategyUnited StatesNewsNorth AmericaJurisdictions
rani-mehta-300px.png
Rani Mehta
Senior Reporter Managing IP
Contact
Rani reports on all aspects of IP in the US and the Americas, particularly trademarks and copyright. Based in New York, she covers in-house and private practice lawyers' concerns and insights into the market.
more from across site and SHARED ros bottom lb

More from across our site

Patents
AdobeStock_171685519.jpg
Weekly take: Why India may regret missing open legal market boat
The UK-India trade deal doesn’t mention legal services, showing India has again failed to agree on a move that could help foreign firms and local practitioners
Sukanya Sarkar, May 09 2025
Managing IP Awards
MIP EMEABaker.jpg
Meet the Managing IP award winners: Baker McKenzie talks ‘growth mode’
Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Rani Mehta, May 09 2025
Trademarks
Magnet attracting people. Digital social marketing, Customer att
Talent Tracker update: innovation desires drive US partner moves
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
Rani Mehta, May 09 2025
Patents
Nokia-comp.jpg
This week on MIP: Nokia loses licensing expert | Tesla TMs face hurdles
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
Sukanya Sarkar, May 09 2025
Patents
BradGraveline2.png
How Sheppard Mullin beat US government in $170m airport case
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Rani Mehta, May 08 2025
Patents
technology var decision no goal.The video assistant referee scene a match official in football stadium.
UPC update: VAR patent decision | Confidentiality club rejig
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
Max Walters, May 08 2025
Patents
TWF Patent team.jpg
Taylor Wessing poaches Pinsent Masons IP partner for Paris launch
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Max Walters, May 07 2025
Patents
MarcFenster2.png
Behind the case: How partner kept jury engaged for Samsung patent battle
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Rani Mehta, May 07 2025
Trademarks
AdobeStock_1217162951.jpg
Why PE-funded IP firms must prove their value to clients
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Sukanya Sarkar, May 07 2025
Trademarks
EUIPO_2k-comp.jpg
AI assistants: inside the EUIPO’s ‘business-focused’ approach
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
Max Walters, May 06 2025
Gift this article