(United States Fourth Circuit) - In litigation over competing lines of tall-close cookware in which the appellees claimed trade dress infringement and unfair and deceptive trade practices,the district court's judgment in favor of the appellees is affirmed, where: 1) the appellant's failure to move pursuant to Rule 50(b) forfeited its challenge on appeal to the sufficiency of the evidence; 2) the district court did not abuse its discretion in qualifying an expert or in admitting his testimony and survey; 3) the appellant engaged in unfair and deceptive trade practices as a matter of law; 4) the infringement was not harmless or unintentional, or the unfair and deceptive trade practices statutes covered it; and 5) the trial judge properly treated the award of profits as damages subject to trebling under state statute.
Source: findlaw.com