Hooters Overreaching on Trade "Dress": You can look but you’d better not touch
Originally posted 2005-01-27 09:21:00. Republished by Blog Post Promoter
IP News Blog at Pierce reports that the high-class joint Hooters has lost an attempt to claim trade dress rights in the colors worn by their high-class waitresses. What was this “trade dress”? According to Randall Zidones, who posted the item, “The girls at [competitor] Winghouse wore red shorts and white tank tops, similar to the orange shorts and white tank tops of the Hooters Girls.”
Orange shorts and white tank tops, “trade dress”? When will it end?
When judges stop it. Looks like one did.
UPDATE: She really did, bless her heart. According to the original news report picked up by Zidones, U.S. District Judge Anne C. Conway actually entered a directed verdict after Hooters put in their case! Not only that, but the defense’s counterclaim went to the jury and Hooters got socked with a $1.2 million jury verdict that the Hooters was in breach of an earlier agreement between it and Winghouse to settle all trademark claims. Terrific legal work by a gent named Don Conwell, a leader in the technology litigation bar, who practices in Florida.