Competitor helmet maker’s trade dress not protectable
Dorsey successfully defended our client Smith Optics from infringement claims brought by a competitor.
The competitor alleged that Smith Optics manufactured action sports helmets that copied the competitor helmets’ distinctive look supposedly made famous through advertising and endorsements. After extensive discovery and hotly contested motion practice, our client won summary judgment, resulting in dismissal of the competitor’s lawsuit with prejudice. The federal court in Boston, Massachusetts, agreed with Dorsey’s arguments that the competitor failed to establish secondary meaning for its helmets’ trade dress, which were therefore not protectable under the Lanham Act.