Missed Opportunity: Trovata v. Forever 21

Mistrial.

For observers of an interesting case, it's as frustrating as a tie score in a Yankees-Red Sox game called after a long, cold rain delay.  For the parties, especially whichever one expected a win, it incites violent thoughts regarding whichever juror(s) saw Twelve Angry Men one too many times and was left with delusions of grandeur. 

Ever since Trovata, designed by John Whitledge, filed its lawsuit against fast-fashion company Forever 21, Counterfeit Chic and others have been keeping close watch.  Could this case publicly restore elasticity to trade dress protection in fashion design cases?  What would it mean for the average designer?  Now we won't know -- at least for a while. 

I've been holding back on discussion pending the outcome of the case, but obviously it's time.  Stay tuned -- more to follow.

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