Marked. - Issue 009
Fresh IP developments on beauty trade dress and World Cup jersey trademark enforcement.
Issue No. 009
June 1, 2026
New York
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The IP Briefing · by ESCA Legal
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| 1135 Skincare, the company behind Saint Crewe, filed a Texas federal lawsuit seeking a declaration that its skincare packaging does not infringe Bubble Beauty's alleged trade dress. The complaint followed cease-and-desist letters demanding that Saint Crewe stop selling and advertising several products, provide revenue accounting, and recall products from the marketplace. |
| § | Saint Crewe says Bubble is claiming rights in a broader packaging look that includes colorful containers, contrasting caps, rounded shapes, and minimalist branding. | | § | Saint Crewe argues that Bubble's packaging varies across its own product line and has not acquired the distinctiveness needed for trade dress protection. | | § | The complaint asks the court to find no likelihood of confusion and no enforceable trade dress rights covering Saint Crewe's packaging. | | § | The dispute sits squarely in modern beauty, where product design often functions as shelf branding, social content, and point-of-sale identity at the same time. |
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| § ESCA Takeaway |
| This issue follows two consumer-brand disputes where familiar visual signals are doing the legal work: skincare packaging built for shelves and social feeds, and sportswear stripes tied to official soccer merch. |
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| More IP Stories |
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| § Trademark · Pending |
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| An Oregon federal judge dismissed certain adidas trademark and counterfeiting claims against Hall of Fame Sports Memorabilia with leave to amend. The ruling said adidas did not tie the allegedly infringing Real Madrid and Argentina jerseys to specific federally registered marks pleaded in the complaint. |
| § | Adidas sued over allegedly unauthorized soccer jerseys bearing imitations of its Three-Stripe branding. | | § | The court did not invalidate adidas' Three-Stripe rights or end the case. | | § | The ruling requires adidas to connect its broader branding theory to particular federal registrations for Section 1114 claims. | | § | The timing matters as apparel and sportswear companies prepare for heavier enforcement around 2026 World Cup merchandise. |
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Why it matters
Sportswear brands often rely on simple recurring visual cues, but federal trademark claims still need to be anchored to specific registrations. The ruling is a useful enforcement reminder before a major merchandise cycle.
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