456 F. Supp. 3d 789 (D. N.Y. 2023)
K. J.
Does A. B. Corp.'s packaging of their lipstick line infringe on K. J.'s trade dress rights under the Lanham Act by creating a likelihood of consumer confusion?
Under the Lanham Act, trade dress infringement occurs when a product's design or packaging is so similar to another's that it is likely to confuse consumers. The plaintiff must prove that the trade dress is non-functional, has acquired distinctiveness, and that there is a likelihood of confusion among relevant consumers.
The court held that A. B. Corp.'s packaging did not infringe on K. J.'s trade dress. While there were similarities, the court found that K. J. failed to demonstrate that the packaging was non-functional or that it had acquired a secondary meaning exclusive to K. J.
The ruling in K. J. v. A. B. Corp. is significant as it emphasizes the need for businesses to substantiate claims of trade dress protection with evidence beyond aesthetic similarities. For law students, it demonstrates the critical examination of functionality, consumer perception, and market positioning, foundational aspects of intellectual property law.