Court Grants Injunction in Whoop Trade Dress Case

The U.S. District Court for the District of Massachusetts granted plaintiff Whoop, Inc.'s motion for a preliminary injunction against Serinity Group d/b/a Aurora on June 3, 2026. Whoop alleged that the defendant's health-monitoring device infringes its protectable trade dress under Section 43(a) of the Lanham Act. The court found that Whoop demonstrated a likelihood of success on the merits, including that its trade dress is used in commerce, non-functional, and distinctive, and that consumers are likely to be confused as to source. Key factors favoring Whoop included the near-identical appearance of the products, overlapping channels of trade and purchasers, and the strength of the plaintiff's mark. The decision was reported on June 16, 2026.

The ruling addresses only the federal trade dress claim despite the complaint including additional counts under state law. No other remedies were addressed in the preliminary injunction analysis.

Sources: https://masslawyersweekly.com/2026/06/16/patent-and-trademark-preliminary-injunction-lanham-act/ https://masslawyersweekly.com/