9th Circuit Reverses, Remands Trade Dress Preemption Ruling

(May 16, 2016, 1:49 PM EDT) -- SAN FRANCISCO — A California federal judge erroneously deemed an allegation of trade dress infringement preempted by the Copyright Act, the Ninth Circuit U.S. Court of Appeals concluded May 13 (Mercado Latino Inc. v. Indio Products Inc., No. 13-57009, 9th Cir.; 2016 U.S. App. LEXIS 8846).

(Decision available. Document #16-160606-001Z.)

“Plaintiffs may bring claims for copyright and trade dress infringement based on the same wrongful conduct,” the panel of Circuit Judges Richard R. Clifton, Consuelo M. Callahan and Sandra S. Ikuta noted.

At issue in the...
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