by evansfox | Feb 3, 2013
A recent battle between Miller’s Ale House and Boynton Carolina Ale House, LLC in Florida is a blow to trade dress protection for restaurants and bars. The 11th Circuit (Federal) Court held that the features of the restaurant décor, (such as arrangement of exposed...
by evansfox | Dec 14, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how courts across the country apply different tests when evaluating whether there has been an infringement and how the law is...
by evansfox | Dec 13, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how courts across the country apply different tests when evaluating whether there has been an infringement and how the law is...
by evansfox | Dec 12, 2012
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Trade dress law is actually a part of the trademark laws, specifically Section 43(a) of the Lanham Act. The law itself states that a...
by evansfox | Dec 11, 2012
The best legal advice concerning business décor is be innovative to avoid copycat situations altogether. The court in the case of Rib Buddies, LLC v. Fat Buddies, LLC, said it best: “there are any number of ways to make the trade dress of a . . . [restaurant]...
