Furniture Maker Asks Justices to Settle Trade Dress Intent Split

The US Supreme Court should resolve a circuit split over the weight an alleged trade dress infringer’s intent to deceive consumers should have in infringement lawsuits, a furniture company told the justices.

Jason Scott Collection Inc. didn’t have to show intent to confuse for the US Court of Appeals for the Ninth Circuit to find Trendily Furniture LLC’s copying indicated consumers recognized the trade dress, Trendily told the high court.

Trendily cited an “obvious, acknowledged, and entrenched” split, with three circuits requiring intent to deceive and five separate approaches to the issue.

The Ninth Circuit’s approach invites misuse and overextension ...