Plaintiff filed a lawsuit seeking a declaration that the trade dress for its brand of organic hemp rolling papers for cigarettes did not infringe defendant’s trade dress for a similar product. Plaintiff also claimed false advertising in violation of state and federal law. Defendant counterclaimed, alleging that the plaintiff’s trade dress did infringe on its trade dress. The case went to jury trial and resulted in a mixed verdict regarding the infringement claims. The district court also entered a permanent injunction against some of the defendant’s advertising practices and both parties appealed. Plaintiff claimed that the district court’s response to a jury question failed to clarify that defendant could be liable under the Lanham Act and defendant argued that the jury’s findings regarding trade dress infringement was not supported by the evidence. Defendant also argued that the injunction was unduly vague and improperly applied nationwide. The Seventh Circuit found no errors and affirmed. (LEE, concurring and SCUDDER, concurring separately)
Federal 7th Circuit Court
Civil Court
Trade Infringement