Belmora doesn't replace 43(a)'s usual requirement of protectable subject matter in standard trade dress case

Secret of the Islands, Inc. v. Hymans Seafood Company, Inc., 2019 WL 917209, No. 2:17-cv-342-BHH (D.S.C. Feb. 25, 2019)SOTI sells salt scrubs and other body products; salt scrubs can be used as hand soap, but also exfoliate and moisturize. Hymans sells salt scrub and skin care products as Holy City Skin Care. Hymans initially displayed SOTI restroom samples in its Charleston, South Carolina restaurant and sold SOTI salt scrubs in its attached gift shop. After two years generating $100,000 in retail revenue from SOTI products, Hymans allegedly started relabeling SOTI products in its gift shop, and SOTI terminated the relationship.  After that, Hymans allegedly “misappropriated SOTI’s brand-value and goodwill by employing restroom-sample displays materially indistinguishable from SOTI displays, employing the same distinctive slogans that SOTI created to market its products to the hospitality industry, and duplicating SOTI’s distinctive packaging.” In…

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