Gerald Sauer quoted in Harvard Journal of Law and Technology article on trade dress infringement

Harvard Journal of Law and Technology quoted Gerald Sauer in its article, “In-N-Out Claims Trademark and Trade Dress Infringement over Puma’s ‘Drive Thru’ Shoes.”

Gerald Sauer on Law360 explains, “Puma is a different animal. It has deep pockets and could, if it chose to, fight the fight.”

Sauer continues that “[t]rade dress registration is based on an applicant’s claim that the ‘total image’ of its good or services is distinctive to that company,” and points out that Puma might be able to fight In-N-Out over the trade dress issue and argue “that there is no likelihood of confusion between lace-up sneakers and ‘Double-Double’ burgers.” Barring settlement, Sauer concludes that this case might lead to courts providing guidance on “intent” in trademark and trade dress law.

Read full story at Harvard Journal of Law and Technology