ARE Trademark Law Alert: Trade Dress Allegation For Shoes Containing Description Of “Laundry List” Of Elements, Functional Features And Ornamental Features For Enhancement Of The Aesthetic Appeal Insufficient To Survive Motion To Dismiss

On February 22, 2018, the Federal Court for the Eastern District of New York affirmed the magistrate judge’s report and recommendation to dismiss a trade dress complaint regarding shoes in Eliya, Inc. v. Steven Madden, Ltd.—in which Amster, Rothstein & Ebenstein LLP successfully represented defendant Madden. In Eliya, the plaintiff alleged that several of Madden’s […]