L. M. v. C. A. Corp., 987 F.3d 123 (2d Cir. 2023)
The case L. M.
Does the fashion design of L. M. qualify for trade dress protection under the Lanham Act, considering claims of non-functionality and secondary meaning?
For a trade dress claim to succeed under the Lanham Act, the plaintiff must prove that the design is non-functional and has acquired secondary meaning, indicating that consumers associate the trade dress with a specific source.
The Second Circuit Court held that L. M.'s designs did not meet the threshold for trade dress protection as they failed to demonstrate non-functionality and insufficiently showed that their designs had acquired secondary meaning.
This case underscores the stringent requirements for trade dress protection in the fashion industry, particularly emphasizing the importance of demonstrating non-functionality and secondary meaning. For law students and practitioners, it highlights the challenges involved in securing intellectual property rights over fashion designs and how courts balance innovation with maintaining robust competition in the market.