Something fishy about this trademark claim?

GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014 WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014)
I’m not really interested in the law in this personal jurisdiction case, finding that there’s no personal jurisdiction in plaintiff’s home state over Massachusetts-based New SCL for this the declaratory judgment of non-infringement. I just really liked the accused trade dress (I think it’s nicer than New SCL’s), and also it reminds me of Justice Scalia’s “cocktail shaker shaped like a penguin.”  Even if there is secondary meaning in the New SCL design, it seems to me that New SCL is asserting rights at the level of idea.


New SCL Gurgling Cod
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