8th Circuit: Proposed, Amended Trademark Claim May Not Be Futile

Mealey's (August 10, 2018, 1:03 PM EDT) -- ST. LOUIS — In an Aug. 9 holding, the Eighth Circuit U.S. Court of Appeals affirmed dismissal on copyright preemption grounds of trade dress and tortious interference claims levied in a dispute over a light installation, but found that a proposed, amended trademark infringement claim should be allowed to proceed (Bruce Munro, et al. v. Lucy Activewear Inc., et al., No. 16-4483, 8th Cir.)....