Panel Issues Split Ruling In Tire Trade Dress Suit On Discovery, Daubert, Privilege

( October 17, 2024, 8:34 AM EDT) -- WASHINGTON, D.C. — In a long-running trade dress dispute between two tire companies, a Federal Circuit U.S. Court of Appeals panel partly affirmed a trial court ruling, deeming the asserted trade dress functional and, therefore, not protectable and upholding discovery sanctions and expert testimony exclusion, while reversing in part by finding that litigation privilege barred the defendant’s counterclaims....