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Journal of Intellectual Property Law & Practice Advance Access published online on November 1, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp177
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Counsellor, how does your client plead?

Peter Jabaly
Rutgers Law School

Heller Incorporated v Design Within Reach, Inc. (SDNY, 14 August 2009)

In a case concerning the production of an allegedly infringing chair, the United States District Court of the Southern District of New York decided to dismiss the plaintiff's dilution and trade dress claims. As to the dilution claim, the Court reached its decision based primarily on the lack of evidence presented. As pertains to the plaintiff's trade dress claim, the Court again reasoned that the plaintiff had not stated its complaint with sufficient particularity. Simply attaching a picture of the trademarked chair and the allegedly infringing chair, as the plaintiff in this case did, was not sufficient.

Correspondence: Email: pjabaly{at}rutgers.edu


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