Aimee N. Soucie

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Trade dress, which includes the total look of a product (size, shape, color) is registrable as a trademark if, like a trademark, it identifies the source of a product. Thanks to a recent decision, In re Forney Industries Inc., Appeal No. 2019-1073, by the US Federal Circuit Court of Appeals (Federal Circuit), it may now be easier for businesses to obtain federal trademark registration for some color-based product packaging trade dress.
Continue Reading Your Color-Based Product Packaging Mark Might Be Protectable Trade Dress

Earlier this month, a bipartisan group of senators introduced a bill—the Counterfeit Goods Seizure Act of 2019—to expand the authority of US Customs and Border Protection (CBP) to seize counterfeit goods that infringe intellectual property rights, specifically design patents, at the border. The senators expect the legislation, if passed, to help stem the tide of counterfeits (with a global trade value estimated at over $1 trillion) by preventing their importation into the US.
Continue Reading Proposed Counterfeit Goods Seizure Act of 2019 Would Provide Design Patent Protection at the US Border

Anyone who uses a mobile device knows there are times when hands-free is a necessity. Enter National Products, Inc., a US maker of RAM® Mounts for securely mounting electronic devices—including phones, tablets, laptops and radar detectors—in cars, trucks, bikes and boats, among other vehicles. Like many US retailers, National Products discovered knockoff copies of its own products for sale in the market. In particular, National Products identified several Chinese companies importing mounts similar to its RAM® products and selling them through third-party reseller websites.
Continue Reading “Mounting” an Offense in the ITC to Stop Foreign Knockoffs at the Border