Practice Area

Trade Dress Infringement

Federal Court

Situation — How This Comes Up

A competitor has copied the look and feel of my product packaging and store design.

What You Need to Know First

Trade dress protects the overall commercial image of a product or business. It must be distinctive and non-functional to be protectable — and proving both in court requires the right evidence gathered early.

Full Analysis

Trade dress infringement claims under Lanham Act Section 43(a) protect product packaging, store design, and overall commercial image. The plaintiff must prove inherent or acquired distinctiveness and that the trade dress is not functional.

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