What is a trade dress infringement?
Trade dress infringement is a legal term used in Intellectual Property Law in California. It refers to a type of counterfeiting or copying that involves the unique design or look of a product. It occurs when a company or person uses a product’s design or look—often referred to as trade dress—in a way that is likely to confuse the public. Trade dress can include the design of a product, its packaging, its colors, its labels, or its overall appearance. For example, if someone sells a pair of shoes that look almost exactly like another company’s shoes and uses the same packaging and labels, the company whose shoes were copied has the right to take legal action against the person selling the counterfeit shoes for trade dress infringement. The company can seek compensation for their losses and can also get an injunction (or court order) requiring the counterfeiter to stop producing or selling the counterfeit product. Trade dress infringement can be difficult to prove, but there are a few factors that can be used to determine if it has occurred. First, the product’s overall trade dress must be extremely similar in order to be considered infringing. Second, the trade dress must be non-functional; that is, it shouldn’t be necessary for the product to function. Finally, it must be likely to cause confusion among consumers as to the origin of the product. Trade dress infringement is a serious issue, and victims of it can incur large losses. Companies should be aware of their rights and should act swiftly to protect their trade dress if they believe it has been infringed upon.
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