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...
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