Trade Dress Counterclaims Dismissed; Leave To Amend Granted
Mealey's (October 12, 2015, 1:03 PM EDT) -- SEATTLE — Allegations by a defendant that a declaratory judgment plaintiff committed trade dress infringement were rejected Oct 9 by a Washington federal magistrate judge, who instead found that the defendant “failed to distinguish what trade dress is being protected outside of” a related claim of copyright infringement (Touchpoint Communications LLC v. Dentalfone LLC, No. 15-5240, W.D. Wash.; 2015 U.S. Dist. LEXIS 138542).
(Decision available. Document #16-151019-012Z.)
Although granting Dentalfone LLC leave to amend its counterclaim, U.S. Magistrate Judge J. Richard Creatura of the Western District...