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Lessons in Trademarking Trade Dress: Apple vs. Samsung

Lessons in Trademarking Trade Dress The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work. See news article here. Apple vs. Samsung: Design Patents and Trademarks for Apple’s iPhone In 2007, Apple, Inc…. READ MORE

Inherently Distinctive Trade Dress

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the first prong of the three-prong test requires that the plaintiff show “the inherent distinctiveness or secondary meaning of its trade dress.” In Wal-Mart Stores Inc. v. Samara Brothers, Inc., the Supreme Court put to rest the issue of whether a… READ MORE

Trade Dress in Fashion Design

  We often receive questions about how to protect fashion designed. This article explain trade dress in fashion design and the roles it plays to protect certain items. In the absence of copyright protection for fashion designs in the United States due to the useful nature of designs, designers have turned to protection under trade… READ MORE

incontestable trademarks

Trade Dress Functionality

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality and its interpretation throughout the federal… READ MORE

Secondary Meaning of Trade Dress

 As mentioned in our post on Trade Dress Protection, to prove trade dress infringement or assert unfair competition, the plaintiff must show: the inherent distinctiveness or secondary meaning of its trade dress, the essential nonfunctionality of its trade dress, and the likelihood of customer confusion as to its origin, sponsorship, or approval due to similarity… READ MORE

e-commerce intellectual property

Trade Dress Protection of a Website

Historically, trade dress protection has been afforded to the packaging and labeling of goods, but recently, courts are extending trade dress protection to the “look and feel” websites. Continue reading for a summary of trade dress protection of a website. Material Under Copyright Protection Precludes Consideration as “Look and Feel” of Site The “look and… READ MORE

trade dress protection

Trade Dress Protection

Product colors, labels and packaging often catch the eye of consumers. Businesses work very hard to ensure that consumers recognize their products, because not only will they purchase a product that is aesthetically pleasing, but also brand mark that they trust.  So how can business owners protect their mark and the physical appearance of their… READ MORE

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