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Tarter Krinsky & Drogin Defeats Motion for Preliminary Injunction in Trade Dress Lawsuit Brought by It’Sugar

November 22, 2013

Tarter Krinsky & Drogin successfully defended I love Sugar, a locally owned high-end candy retailer based in Myrtle Beach, South Carolina in a trade dress infringement case brought by their competitor It’Sugar. In the case, It’Sugar claimed that I Love Sugar had copied the overall look and feel of It’Sugar retail stores, including specific design elements such as signage, merchandise displays and “cheeky” photographs on the walls of It’Sugar stores, which they claimed as their trade dress. In the November 19, 2013 decision, the court found, among other things, that It’Sugar failed to demonstrate that the design of its stores is “unique or unusual enough in the field of high-end candy retail stores” to establish a likelihood that it will succeed on the merits of its trade dress infringement claim.

Mark Rosenberg and Philip Braginsky of Tarter Krinsky & Drogin LLP’s Intellectual Property Practice and Debra Bodian Bernstein in the Litigation Practice represented our client in this matter.

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Bernstein, Debra Bodian Counsel Counsel 212.216.8027 VCard
Braginsky, Philip Partner Partner 212.216.8065 VCard
Rosenberg, Mark J. Partner Partner 212.216.1127 VCard