James Gale spoke with the Daily Business Review, discussing a Broward County small business involved in a lawsuit with a Swedish ultra-luxury bedding company for the alleged misuse and abuse of the U.S. legal system. Jim said this lawsuit represents an increase in cases in which companies aim to create a niche and enforce that niche through litigation. But the case could show how a company’s designs and patterns trademark that would have been protected 20 or 30 years ago has ceased to be protected. “The plaintiffs have an uphill battle that is like pushing a boulder uphill,” he said. “But there are a whole host of companies that share the same names with different goods, like Dove Chocolate and Dove Beauty Soap. The plaintiffs are trying to distinguish itself and its products to say it’s no different from them.”
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