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In the recently decided case, Urban Group Exercise Consultants, Ltd. v. Dick’s Sporting Goods, Inc., Urban Group claimed that Dick’s Sporting Goods’ sale of its “Jump Trainer” exercise trampoline infringed the former’s unregistered trade dress in its “Urban Rebounder” exercise trampoline. Urban Group lost, and the court’s decision in the case provides would-be trade dress plaintiffs (or defendants) with a helpful road map for how best to protect (or defend against) an unregistered trade dress claim.

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