Game on! Ninth Circuit revives trade dress infringement claim

Description

Abstract: Two competing companies created their own three-foot-wide versions of the popular game “four-in-a-row” or “horizontal checkers.” P&P Imports (P&P) was trying to claim trade dress in the design of its four-in-a-row apparatus and color scheme. This article summarizes the ensuing trade dress dispute between P&P and another gaming company, and the decision of the U.S. Court of Appeals for the Ninth Circuit describing the proper standard for “secondary meaning.” P and P Imports LLC v. Johnson Enterprises LLC, DBA Tailgating Pros, Nos. 21-55013; -55323 (9th Cir. Aug. 24, 2022).