GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014
WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014)
I’m not really interested in the law in this personal jurisdiction
case, finding that there’s no personal jurisdiction in plaintiff’s home state
over Massachusetts-based New SCL for this the declaratory judgment of
non-infringement. I just really liked the accused trade dress (I think it’s
nicer than New SCL’s), and also it reminds me of Justice Scalia’s “cocktail
shaker shaped like a penguin.”
Even if
there is secondary meaning in the New SCL design, it seems to me that New SCL
is asserting rights at the level of idea.
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| GurglePot |
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| New SCL Gurgling Cod |
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