Kimberly-Clark Escapes Absorbent Pad Trade Dress Suit

Law360, New York (July 22, 2013, 1:22 PM EDT) -- A Virginia federal judge on Friday threw out allegations that Kimberly-Clark Corp.'s incontinence bed mat product infringed the registered trade dress on McAirlaids Inc.'s absorbent pads, ruling that McAirlaids' design serves a function and doesn't qualify as trade dress.

U.S. District Judge Samuel G. Wilson granted summary judgment against McAirlaids and canceled the trade dress registration on a dot design incorporated into the company's absorbent pads, which are used in diapers, food packaging and other products.

The judge sided with Kimberly-Clark's argument that, because the dot...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.