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Mercado Latino, Inc. v. Indio Products, Inc.

BK Obtains Summary Judgment of No Trade Dress Infringement for Client Indio Products

Thursday, July 26, 2018

In a case involving a claim of trade dress and trademark infringement of candles, the U.S. District Court for the Central District of California granted summary judgment in favor of Indio Products, Inc.. Brooks Kushman convinced the Court that Plaintiff Mercado Latino, Inc. had not produced sufficient evidence to meet its burdens of proof to establish that the asserted trade dress possessed secondary meaning and was not functional. Thus, on July 17, 2018, U.S. District Judge Dean Pregerson granted Indio’s motion ending all pending claims against Indio.

Team Members include: Linda Mettes and Anita Marinelli.


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