Case: Trade Dress/Reconsideration (D. Kan.)

Jenny Yoo Collection Inc.'s motion for reconsideration, after the dismissal of its trade dress infringement claim against Essense of Australia Inc., is granted. The court misapprehended JY’s arguments about why it sufficiently alleged a trade dress in dresses made of lightweight material at the motion-to-dismiss stage -- specifically erring by not considering whether JY’s amended complaint provided Essense with notice of the trade dress. The court now finds that the allegations do adequately place Essense on notice of JY’s trade dress, which is plausibly nonfunctional, and that the complaint contains sufficient allegations that the trade dress has acquired secondary meaning. ...