4th Circ. Revives Kimberly-Clark Trade Dress Suit

Law360, Los Angeles (June 25, 2014, 8:35 PM EDT) -- The Fourth Circuit on Wednesday overturned a victory for the Kimberly-Clark Corp. in a trade dress suit over an embossed dot pattern on incontinence absorption pads, finding that the trial court should have considered the evidence rather than granting summary judgment.

The three-judge panel breathed new life into a suit brought by McAirlaids Inc. that alleges Kimberly-Clark’s pads stole its registered trade dress with the dot pattern on the pads, ruling that the case be remanded for further consideration after McAirlaids showed there was enough of a controversy around the dots’ functionality to warrant a trial.

McAirlaids had presented evidence to...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!