Lisa Frank, Inc. v. Impact International, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• including arbitrary features that do not describe product or assist in effective packaging makes dress inherently distinctive
• finding substantial evidence of intent to 16 copy where an artist expressed desire to develop products that looked like the plaintiffs
• noting, with respect to strength of trade dress factor, that “Tp|laintiffs have brought forth evidence demonstrating that the LF] trade dress is strongly associated with LFI and its products” based on showing of “secondary meaning”
• “use of bold colors and a graduated color-fade with knock-out graphics and other artwork on the package does not serve to assist in describing the product or the product’s use”
• despite numerous deficiencies, survey showing 40% confusion was probative evidence of likelihood of confusion
• Confusion of retailer Walgreen’s employees is evidence of confusion among consumers.

Source: CourtListener parenthetical corpus (CC0).