Defended Generic Drug Manufacturer in Trade Dress Infringement Case

Represented Respirent Pharmaceuticals Co., Ltd., a Chinese generic drug manufacturer in a trademark infringement action. Glaxo sued Respirent alleging that the trade dress of a Respirent inhaler device infringes on the trade dress of Glaxo’s Diskus inhaler device. Respirent counterclaimed to cancel Respirent’s trade dress registrations on the grounds that the dress is functional. The parties have settled their dispute and Winston continues to represent Respirent in connection with its U.S. trademark matters.