Legal Opinion
Bern Unlimited, Inc. v. Burton Corp.
District Court, D. Massachusetts
Decided June 12, 2014No. Civil No. 11-12278-FDSPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANTS’ COUNTERCLAIMS, OR IN THE ALTERNATIVE, TO SEVER
SAYLOR, District Judge.
This is a dispute between several companies that sell sports helmets involving alleged trade-dress infringement and unfair *175competition. Plaintiff Bern Unlimited, Inc., has brought suit against six other makers of biking, skating, snow, and water sporting helmets.1 Bern contends that the distinctive look of its helmets constitutes a trade dress, and that defendants are manufacturing and selling confusingly similar helmets, thereby misleading the public. It seeks…
2Cases cited27 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Foman v. DavisSupreme Court of the United States · 1962
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
- Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
- Rogan v. MeninoCourt of Appeals for the First Circuit · 1999
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3Cited by14 opinions
- GEOMC Co., Ltd. v. Calmare Therapeutics Inc.Court of Appeals for the Second Circuit · 2019
- Yesel v. BrandonNorth Dakota Supreme Court · 2015
- Blehco 520, LLC, William Randolph Stinson, II, and Ram Linga Reddy Dornala v. The Timber Ridge Group, Inc., US Bank National Association, and Trustee J. Phillip Jones; The Timber Ridge Group, Inc. v. William Randolph Stinson IIDistrict Court, E.D. Tennessee · 2025
- Boudieu v. CoxDistrict Court, D. New Mexico · 2025
- Cieutat v. HPSCP Investments, LLCDistrict Court, S.D. Alabama · 2020
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