Journal Article

Counsellor, how does your client plead?

Peter Jabaly

in Journal of Intellectual Property Law & Practice

Volume 4, issue 12, pages 860-862
Published in print December 2009 | ISSN: 1747-1532
Published online November 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp177
Counsellor, how does your client plead?

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In a case concerning the production of an allegedly infringing chair, the United States District Court of the Southern District of New York decided to dismiss the plaintiff's dilution and trade dress claims. As to the dilution claim, the Court reached its decision based primarily on the lack of evidence presented. As pertains to the plaintiff's trade dress claim, the Court again reasoned that the plaintiff had not stated its complaint with sufficient particularity. Simply attaching a picture of the trademarked chair and the allegedly infringing chair, as the plaintiff in this case did, was not sufficient.

Journal Article.  1377 words. 

Subjects: Arbitration ; Intellectual Property Law

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