Plaintiff Glassybaby’s (left) and defendant Northern Lights’ candle holders
Since I recently posted slides from my talk on trade dress, I thought it was timely someone filed a product design claim in the Western District.
In March, Seattle-based Glassybaby, LLC, brought suit against competing candle holder seller Provide Gifts, Inc., d/b/a Red Envelope, and manufacturer Northern Lights Enterprises, Inc.
Glassybaby does not describe its trade dress (depicted above), but claims it is distinctive and that its designs are recognized by the consuming public as coming from plaintiff. It asserts claims for trademark infringement, dilution, dilution under Washington’s antidilution statute, and unfair competition.
Defendants have not yet filed an answer.
The case cite is Glassybaby, LLC v. Provide Gifts, Inc., No. 11-380 (W.D. Wash.).