Kansas Federal Judge: Trade Dress Claims Not Preempted By Patent Clause

Mealey's (March 26, 2020, 11:37 AM EDT) -- KANSAS CITY, Kan. — A request for summary judgment by the maker of an accused bridesmaid gown was denied March 24 by a federal judge in Kansas, who rejected as “not well taken” arguments by the defendant that trade dress infringement claims are preempted by the patent clause of the U.S. Constitution (Jenny Yoo Collection Inc. v. Essense of Australia Inc., No. 17-2666, D. Kan., 2020 U.S. Dist. LEXIS 50486)....