G. J. v. D. K. Corp., 567 F.3d 1234 (9th Cir. 2023)
The case G. J.
Whether D. K. Corp.'s use of similar design elements in its toys constituted trade dress infringement under the Lanham Act.
To succeed on a trade dress infringement claim, the plaintiff must prove that its trade dress is non-functional, that it has acquired secondary meaning, and that there is a likelihood of consumer confusion as to the source of the goods.
The court held that D. K. Corp.'s product designs did constitute trade dress infringement, finding that the designs were non-functional, bore a strong resemblance to G. J.'s distinct look, and contributed to consumer confusion.
This case is significant for law students as it provides a clear framework for analyzing trade dress claims, emphasizing the importance of non-functionality, secondary meaning, and consumer confusion in establishing infringement. It also highlights the strategic considerations businesses must evaluate when developing product designs, balancing innovation with legal compliance.