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By Howard Shire and Stephanie Remy
August 01, 2022

Copyright Standing and Fifth Circuit Trade Dress Factors

In Beatriz Ball, L.L.C. v. Barbagallo Company, L.L.C., No. 21-30029, 2022 WL 2688637, at *1 (5th Cir. July 12, 2022), the United States Court of Appeals for the Fifth Circuit reversed and remanded a judgement from the United States District Court for the Eastern District of Louisiana. The lower court had held that Beatriz Ball lacked standing under the Copyright Act and did not own protectible trade dress.

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