Bottom Line: “Bum Bum” Packaging Falls Flat on Trade Dress Protection

On March 17, 2026, the United States District Court for the Southern District of New York held that Sol de Janiero’s (“SDJ”) packaging for a beauty cream product was functional and therefore not entitled to trade dress protection under the Lanham Act. As a result, the court granted summary judgment in favor of Apollo Healthcare Corp. (“Apollo”) and dismissed SDJ’s trade dress infringement counterclaim....
By: Miller Johnson


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