Tag: Trade Dress

Titanic Lawsuit Launched to Sink Competing Enterprise

On February 26, 2013, RMS Titanic, Inc. and Premier Exhibitions, Inc. (collectively “RMST”) initiated suit in the Northern District of Georgia, Atlanta Division, against Thomas Zaller, Imagine Exhibitions, Inc., and Imagine Exhibitions PTE, Ltd. (collectively “Zaller”), for conversion, contractual breach, unjust enrichment, fraud and fraudulent inducement, trade dress […]

Eleventh Circuit Raises its Glass to the Public Domain, Affirms Summary Judgment Entered Against Miller’s Ale House on Trademark, Trade Dress, and Copyright Claims

IntroductionScore one for McDowell’s and its “Golden Arcs.” [1]  In a dispute between two sports bar and restaurant chains, the Eleventh Circuit has affirmed a grant of summary judgment in favor of the defendant, Boynton Carolina Ale House, LLC (“Boynton Carolina”), whom plaintiff Miller’s Ale House, Inc. (“Miller’s”) had […]

"Bo Diddley" Rectangular Guitar Body Design the Subject of Trade Dress Case Against Maker of Child-Oriented Guitars

Classic rock fans may readily associate the name Gretsch with the late George Harrison’s Beatlemania-era “Duo Jet” electric guitar, a design reproduced as a limited-edition controller for The Beatles: Rock Band video game.  However, it is another Gretsch guitar design, associated with an even earlier rock pioneer, that […]