Trade Secrets

Minding the Store: Trade Dress Protection for Retail Store Designs

High tech companies seeking trade dress protection for the designs of brick and mortar retail stores face three unique challenges: defining trade dress, showing distinctiveness, and proving lack of functionality. Nevertheless, a company can translate a store design into protected trade dress by carefully distinguishing the distinctive and nonfunctional elements from the overall “design feel” of the store.

Entertainment & Sports

Mooting Declaratory Judgment Actions through Covenants Not to Sue after Already, LLC v. Nike, Inc.

Since 1991, accused infringers have to show that a covenant not to sue did not moot ongoing litigation. After the Supreme Court’s recent decision in Already LLC v. Nike, Inc., however, the IP owner has a formidable burden to show mootness under the voluntary cessation doctrine. This trademark decision may have a significant impact on patent litigation in that partial covenants not to sue may no longer moot declaratory judgment actions.