Mackage Revives Trade Dress Suit Against Rudsak at 2nd Cir. (1)

Luxury winter apparel maker Mackage convinced the Second Circuit to partly reverse a quick loss in its trade dress lawsuit against Canadian rival Rudsak.

Rudsak USA Inc. rightfully defeated overly broad trade dress claims, but shouldn’t have escaped unfair competition claims, the US Court of Appeals for the Second Circuit said. The unfair competition claims stemmed from Rudsak allegedly hiring Mackage employees and instructing them to mimic the competitor’s designs. Mackage, whose corporate name is APP Group Inc., also should have been allowed to amend its complaint, the court said.

The summary ruling gives Mackage a chance to address deficiencies ...