Legal Opinion
Can't Live Without It, LLC v. ETS Express, Inc.
District Court, S.D. Illinois
Decided June 10, 2018No. 17-cv-3506 (JSR)PublishedCited by 1 opinion
1Opinion of the Court
JED S. RAKOFF, UNITED STATES DISTRICT JUDGE
Before the Court are two post-trial motions from plaintiff Can't Live Without It, LLC ("S'well"). S'well had brought two sets of claims against defendant ETS Express, Inc. ("ETS"), both stemming from the fact that ETS manufactures the Force Bottle, which has the same shape as plaintiff's S'well Bottle.1 First, S'well claimed that ETS infringed on S'well's trade dress rights in the S'well Bottle in violation of the Lanham Act. Second, S'well claimed that ETS sold Force Bottles to customers who requested S'well Bottles without apprising them of the…
2Cases cited12 opinions
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Cash v. County of ErieCourt of Appeals for the Second Circuit · 2011
- Gruner + Jahr USA Publishing v. Meredith Corp.Court of Appeals for the Second Circuit · 1993
- Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976
- Raedle v. Credit Agricole IndosuezCourt of Appeals for the Second Circuit · 2012
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3Cited by1 opinion
- Gibson, Inc. v. Armadillo Distribution Enterprises, Inc.District Court, E.D. Texas · 2023