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Gorilla Glue Faces Packaging Trial After 11th Cir. Revival (1)

Oct. 21, 2020, 5:42 PM

J-B Weld Co. convinced the Eleventh Circuit to revive its claims that Gorilla Glue Co.'s GorillaWeld adhesive ripped off its trade dress, finding a Georgia court denied J-B a trial without weighing the most generous interpretation of its evidence.

A lower court ruled that no juror could say consumers would be confused by the packaging with wildly different color schemes and branding. But the decision improperly discounted similarities between the packaging, possible interpretations of Gorilla’s intent and evidence of actual confusion, the U.S. Court of Appeals for the Eleventh Circuit said Tuesday.

Gorilla, which did have its win over J-B’s ...

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