Trade dress infringement is a subset of trademark infringement. "Trade dress" refers to the look and feel of a product or its packaging. To recover for trade dress infringement, a plaintiff must prove that its trade dress is protectable and that the competitor's use of the same or similar trade dress is likely to confuse consumers. Trade dress cases are not limited to products and packaging. In one case, a Federal Court of Appeals concluded that a restaurant's decor, menu, layout and style of service may acquire source-distinguishing aspects of protectable trade dress.
Strategic planning and careful analysis of the applicable laws are essential components of prosecuting and defending trade dress cases. Klein & Wilson has significant case results in this area of the law.
Trial Lawyers Experienced with Complex Intellectual Property Cases
Trade dress infringement and trademark infringement disputes and other intellectual property disputes are highly complex in nature and require the attention of an experienced attorney. Klein & Wilson's attorneys have the experience and legal sophistication necessary to handle even the most complex cases.
Prosecuting and Defending Trade Dress Cases
Klein & Wilson represents companies who want to defend the use of a trade dress, as well as those companies seeking to contest the use of a particular trade dress. As a result of their comprehensive representation, they thoroughly understand both sides of any trade dress issue and are fully prepared to execute an effective case.
Klein & Wilson's attorneys have almost 50 years of combined legal experience and have handled trademark infringement matters involving:
- Prosecution of a trade dress case involving packaging design
- Prosecution of a trade dress case involving a freezer design
- Use of a logo or tagline similar to that of another company
- Accusations of stealing a brand name or using it to promote another company's products
- Registering a similar domain name
- Taking customers from one company by starting a similar one
- And other acts of improper usage of a brand, domain name, symbol, or tagline to promote a product
Obtain Assistance From A Skilled Legal Professional
To speak with a lawyer at Klein & Wilson about a trade dress or trademark dispute, call 949-631-3300 or 877-857-0073 toll-free. For online assistance, contact the firm by e-mail.