Houston Swim School Wins Trade Dress Suit, Gets Attorneys’ Fees

A jury’s verdict that a Houston swim school proved that a competitor copied its trade dress when it designed its own facilities was upheld by a federal court, and the plaintiff was awarded attorneys’ fees.

There was ample evidence to sustain the jury’s findings that Pengu Swim School LLC ‘s trade dress acquired secondary meaning, there was a likelihood of confusion, and Pengu is entitled to disgorgement of Blue Legend LLC’s profits, the opinion by Judge Dena Hanovice Palermo said for the US District Court for the Southern District of Texas Tuesday.

• The evidence included that Blue Legend obtained the ...