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Ninth Circuit reverses trade dress summary judgment in favor of one Connect 4 knock-off over another

P AND P IMPORTS LLC V. JOHNSON ENTERPRISES, LLC, No. 21-55013 (9th Cir. Aug 24 2022). Link to text of decision below.

Court refers to both litigants’ backyard “4 in a row” games as “CONNECT 4 knock-offs.” Ninth Circuit reverses defendant’s summary judgment. Too much evidence suggesting defendant’s intentional copying. Also: District Court had erroneously required evidence of secondary meaning linking product to this specific plaintiff, rather than evidence merely linking the product to a single, albeit anonymous, source.

Reversed and remanded.

There’s no finding as to functionality of trade dress.

Out of curiosity, I used “backyard Connect 4” as a search term in Amazon and got these results:

Text of P AND P IMPORTS LLC V. JOHNSON ENTERPRISES, LLC, No. 21-55013 (9th Cir. 2022): ninth circuit connect4 trade dress p and p johnson

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