Re: Claim of Mimicing of Product Line

Douglas Lipstone <dlip[_at_]worldnet.att.net> wrote:
>
> We represent a manufacturer who makes an entire product line of widgets.
> They received a cease and desist letter claiming that a few (but not
> all) of our client's goods within the product line infringed upon the
> agrieved party's copyrights in such goods and that our client's entire
> product line "mimics" their product line.
> ...
> I have been trying to figure out what cause of action "mimicing"
> would be.

While the individual products may be protectable by copyright, trade dress, and patent, a "product line" strikes me as a mere idea--unprotectable by copyright or patent, and unprotectable as a trade secret once it has been made public. If the entire product line closely tracks the plaintiff's product line in appearance, there might be a trade dress cause of action. If merely the idea of the product line "mimics" the plaintiff's, there could be a Lanham Act 43a cause of action if it does so in a way likely to create consumer confusion. Otherwise, the only other thing I can think of is a "misappropriation" cause of action, which is available only in some states, and whose elements vary greatly from one jurisdiction to another.

Not legal advice; just my ruminations.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Sat Mar 21 1998 - 19:04:40 GMT