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ARTICLE · 20 OCTOBER 2023

Trade Dress Rights Asserted In Chandelier Cloud Configuration

Womble Bond Dickinson
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A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its "most prominent and coveted products"; namely, a frosted glass orb chandelier.

United StatesIntellectual Property
Jack Hicks
Jack Hicks
Jason M. Rockman
Jason M. Rockman
Jacob S. Wharton
Jacob S. Wharton
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Plaintiff acquired Federal Registration after Demonstrating Secondary Meaning at USPTO

A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its "most prominent and coveted products"; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023, Apparatus debuted the "Cloud Fixture" chandelier in 2012, featuring "a pendulous arrangement of a number of glass orbs frosted by hand to create an irregular texture reminiscent of 19th Century décor." The glass orbs surround a central light source, "resulting in a warm, diffuse glow creating the overall effect of a hanging cloud."

In 2017 Apparatus acquired a Federal Trademark Registration after demonstrating to the USPTO that the design had acquired secondary meaning as a result of its "substantial sales success and unsolicited critical acclaim." The single drawing from Reg. No. 5,283,386 is shown below:

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