A win for Dan Aykroyd’s vodka company, Globefill Inc., in a trade dress infringement case was upheld by the Ninth Circuit March 12.
But Globefill failed to prove that it was entitled to additional damages or attorneys’ fees for the infringement of its skull-shaped vodka bottle trade dress, the court held.
A U.S. District Court for the Central District of California jury found that Elements Spirits Inc.'s KAH tequila bottle infringed the trade dress of Globefill’s Crystal Head bottle. The jury also found that the infringement was willful.
Based on the willfulness finding, the district court awarded Globefill disgorgement of...