Mealey's IP/Tech - Counterclaims, Defenses Dismissed In Trademark Dispute Over Cup Design

Mealey's IP/Tech - Counterclaims, Defenses Dismissed In Trademark Dispute Over Cup Design

CHICAGO - Trademark infringement plaintiff Solo Cup Operating Corp. on May 17 won dismissal of counterclaims that Solo's complaint is preempted by the Patent Act, 35 U.S.C. 1 et seq., when an Illinois federal judge agreed that a product configuration disclosed in an expired utility patent can nonetheless be entitled to trade dress protection (Solo Cup Operating Corporation v. Lollicup USA Inc., No. 16-8041, N.D. Ill., 2017 U.S. Dist. LEXIS 74922).

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