What is a trade dress infringement?

A trade dress infringement is a violation of the laws that protect the look and feel of a product. This type of intellectual property is also known as “trade dress” because it is a trademark of the product’s bought-and-sold identity. Trade dress can be used to distinguish a product from its competitors and can include the product’s color, shape, size, texture, packaging, labeling, graphics, and even the “trade costume” of its product promoters. In New York, trade dress infringement occurs when someone else’s use of a product’s design or elements conflicts with another company’s use of the same design or elements. In other words, if someone uses the same elements to make a product, or uses the same packaging to market the product, they can be liable for trade dress infringement. For example, if two different companies make soft drinks and both use a bright orange can to market their product, one company could have a claim of trade dress infringement against the other. The protections for trade dress infringement are put in place to make sure companies can’t ride off the goodwill of another company’s investment in their trade dress branding. Companies rely on trade dress to create a recognizable brand that resonates with consumers. If a competitor were allowed to use a similar trade dress, the original company’s investment in creating a brand identity would be undermined.

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What is a trade dress infringement?

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