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Bruce Munro, et al. v. Lucy Activewear Inc., et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-4483 · judgment August 9, 2018


Certiorari denied · January 22, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does copyright preclude Lanham Act product design trade dress claims for physical products, and if so, under what circumstance(s)?

Counsel of record

For petitioner
Carl Frederick Schwenker
Law Offices of Carl F. Schwenker

For respondent
Lora Mitchell Friedemann
Fredrikson & Byron, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 22 2019
    Petition DENIED.
  2. Jan 02 2019
    DISTRIBUTED for Conference of 1/18/2019.
  3. Dec 18 2018
    Respondents Rule 29.6 Corporate Disclosure Statement received.
  4. Dec 13 2018
    Brief of respondents Lucy Activewear Inc., et al. in opposition filed.
  5. Nov 07 2018
    Petition for a writ of certiorari filed. (Response due December 13, 2018)