On June 27, 2012, the jury returned its verdict in M3 Girl Designs v. Blue Brownies, a case relating to bottle cap necklaces. (Jury verdict available here.) The jury sided with Blue Brownies in most every respect, finding that, among other things, M3 Girl Designs had not proven that its asserted trade dress was not functional; M3 Girl Designs had not proven that Blue Brownies infringed its “Snap Caps” trademark by creating a likelihood of confusion in the market; Blue Brownies was not liable for “palming off” M3 Girl Designs’ products in Texas; and that Blue Brownies’ actions did not constitute unfair competition.
Judge Furgeson presided over the case.
M3 Girl Designs is represented by D. Scott Hemingway and Eugenia Hansen, both of Hemingway & Hansen LLP.
Blue Brownies is represented by Don Martinson, Rocky Little, and Marc Fanning, all of Fanning Harper & Martinson; and Bernie Kray and Charles Hanor, both of the Hanor Law Firm.