Category: Trademark

Fashion designers face challenges protecting trade dress because clothing elements are often functional. Here’s how trade dress law applies to fashion and what designers can protect.

Functional trade dress cannot be protected under trademark law. Here’s how courts determine functionality and what it means for businesses trying to protect product design.

Trade dress that isn’t inherently distinctive can still be protected if it has acquired secondary meaning. Here’s how to establish secondary meaning and what evidence courts require.

A website’s visual design and layout can qualify for trade dress protection if it’s distinctive. Here’s how trade dress law applies to websites and how to protect your site’s look.

Trade dress protection covers the visual appearance of products and packaging that identifies your brand. Here’s how to obtain and enforce trade dress rights under trademark law.

Registering a trademark is just the beginning. Here are three important steps trademark owners must take to maintain, monitor, and enforce their registered trademark rights.

Crowdfunding platforms need trademark protection for their brand, technology, and marketplace identity. Here’s how trademark registration works for crowdfunding portal businesses.

The USPTO was rejecting trademark applications for disparaging terms before the Supreme Court overturned that rule. Here’s a look at cases that were refused under the old standard.

Willful trademark infringement can result in enhanced statutory damages far exceeding actual losses. Here’s how courts calculate and award damages in trademark infringement cases.

A TTAB proceeding examined whether SMART ONES and SMART BALANCE food trademarks were likely to confuse consumers. Here’s how the board analyzed the likelihood of confusion factors.