Rose Art Industries, Inc. v. Carl Swanson

How courts have described this case

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

• adopting the \consistent overall look\ standard when the plaintiff seeks protection for a series or line of products
• “[T]he plaintiff in a trade dress action. under section 43(a) of the Lanham Act is free to seek trade dress protection for whatever products or packaging it sees fit.”
• “when applying the ‘consistent overall look’ standard . . . a trial court should consider . . . the products or packaging for which the plaintiff is seeking trade dress protection”
• “[I]f a plaintiff seeking trade dress protection cannot show that its packages have a ‘consistent overall look,’ the trade dress that the defendant is allegedly infringing ‘does not exist,’ and the defendant must prevail.” (internal quotations omitted)

Source: CourtListener parenthetical corpus (CC0).