Allegation that Elements “Blend Seamlessly and Elegantly” at “Bottom” of Clothing Garment Too Vague to Support Trade Dress Infringement Claim

The court partially granted defendants’ motion to dismiss plaintiff’s trade dress infringement claim and ordered an amended pleading because plaintiff did not sufficiently plead the elements of its trade dress. “Instead of seeking protection for an ‘overall look,’ the Complaint identifies specific elements that comprise the trade dress—namely, ‘two front panels and two rear panels attached to the waist in a manner that allows them to blend seamlessly and elegantly into the bottom of the dress,’ regardless of the way in which the dress is worn. The Complaint is sufficiently specific about the trade dress having four panels and the placement of those panels in relation to the dress. However, the remainder of the description is too vague to give notice of what is protected beyond that. The Complaint does not define what ‘blending seamlessly and elegantly’ means. Nor does it define ‘bottom of the dress,’ i.e., whether it refers to any portion of the dress below the waist or just the ends of the dress. Although the Complaint includes drawings of the [two models of] dresses, which embody the trade dress, the drawings are not helpful in resolving these ambiguities.”

Jenny Yoo Collection, Inc. v. Watters Designs, Inc. d/b/a Watters & Watters et al, 3-17-cv-03197 (TXND 2018-06-06, Order) (Barbara M. G. Lynn)

2018-06-11T11:54:04+00:00June 11th, 2018|Docket Report, Trademark|