What is a trade dress lawsuit?

Trade dress infringement occurs when one company uses trade dress similar enough to another's to cause a "likelihood of confusion" in an ordinary buyer's mind. The legal term "trade dress" refers to the general appearance of a product or its packaging that reveals its source to customers.

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15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a))

15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a))

Name: 15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a))
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Federal - Jury Instructions - 9th Circuit - Civil

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US-JURY-9THCIR-15-3

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a)) is a type of intellectual property under US law that protects the visual appearance of a product or its packaging. Trade dress can include the shape, color, packaging, texture, graphics, or any combination of these elements. Trade dress is usually used to differentiate a product from others in the same category, and can be a key factor in a customer's decision to purchase a product. There are two types of trade dress: distinctive trade dress and non-distinctive trade dress. Distinctive trade dress is more likely to be protected under the law than non-distinctive trade dress. For trade dress to be protected, it must be non-functional, have acquired distinctiveness, and not create confusion with another product.

15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a)) is a type of intellectual property under US law that protects the visual appearance of a product or its packaging. Trade dress can include the shape, color, packaging, texture, graphics, or any combination of these elements. Trade dress is usually used to differentiate a product from others in the same category, and can be a key factor in a customer's decision to purchase a product. There are two types of trade dress: distinctive trade dress and non-distinctive trade dress. Distinctive trade dress is more likely to be protected under the law than non-distinctive trade dress. For trade dress to be protected, it must be non-functional, have acquired distinctiveness, and not create confusion with another product.

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For example, in a lawsuit involving trade dress of Calvin Klein's "Eternity" perfume, the court found that in spite of being registered, the trade dress was weak because it was quite similar to perfume bottles used by other designers and contained elements that were common in the industry, such as an hourglass shape.

Some examples of trade dress are the packaging or labeling of goods, product configuration (the design of a product), the flavor of the product, the color of a product, the layout of a restaurant, or the design of a retail store.

In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The three elements that help solidify a trade dress case are distinctiveness, non-functionality, and likelihood of confusion. The company filing a lawsuit is expected to describe these elements and how they solidify their trade dress.

Definition. The design and shape of the materials in which a product is packaged. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress. The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark.

Trade dress infringement occurs when one company uses trade dress similar enough to another's to cause a "likelihood of confusion" in an ordinary buyer's mind. The legal term "trade dress" refers to the general appearance of a product or its packaging that reveals its source to customers.

Section 43(a) of the Lanham Act (15 U.S.C 1125(a)) creates a federal cause of action for what has traditionally been called unfair competition: a false designation of origin or other misleading information used in connection with the sale of a good or service, or misleading advertising.

If the court finds that the trade dress infringement in question involved willful use of counterfeit trade dress, it can award statutory damages of up to $2 million per counterfeit trade dress per type of goods or services sold or distributed.

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Title 15 - COMMERCE AND TRADE CHAPTER 22 - TRADEMARKS SUBCHAPTER III - GENERAL PROVISIONS Sec. When a civil action is taken under this law for trade dress infringement, the burden of proof falls on the person who claims trade dress protection.15.2 Definition–Trade Dress (15 U.S.C. § 1125(a)). Revised the title of § 5. 12 to be more specific to avoid potential confusion with the discussion of the broader principle of proportionality. And 10 U.S.C. § 140(b) (20 12). The Department of Defense Law of War Manual (June 20 15, Updated December 20 16). 2 Definition—Trade Dress (15 U.S.C. § 1125(a)). Beyond the limits of trademark law in search of a remedy. 4 Section 5 of the FTC Act broadly prohibits unfair or deceptive acts or practices in commerce.

15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a))

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