What is a trade dress infringement?
A trade dress infringement is the unauthorized use of the distinctive appearance of a product or service, also called trade dress. Trade dress is a form of intellectual property, which means it is protected by law. In Washington, trade dress infringement occurs when someone uses another’s trade dress without their permission. It is also illegal for someone to intentionally copy another’s trade dress, even if they use different words or symbols to do so. Trade dress infringement can take many forms. It could mean reproducing the packaging of a product, or using a logo or slogan that is very similar to another’s. It could also involve a business’ interior design, or the way employees dress. Trade dress infringement can even be committed by using the same colors, shape, size, or texture of the product or service. The law recognizes that trade dress is an important part of businesses’ branding, and aims to prevent consumers from being confused about which product they are buying. When trade dress infringement occurs, the business whose rights were violated often has the legal right to obtain compensation from the infringing party.
Related FAQs
What is the protection afforded by a trademark?What is the notice of infringement under the DMCA?
What is the difference between an invention and an idea?
What is the copyright registration process?
What is trade dress infringement?
What rights do I have to my intellectual property?
What is the purpose of a copyright notice?
What are the steps in obtaining a patent?
Are there any intellectual property laws that protect my work?
What are the penalties for violating intellectual property rights?
Related Blog Posts
The Supreme Court’s Role in Intellectual Property Law - July 31, 2023Benefits of Protecting Intellectual Property Rights - August 7, 2023
Understanding Trademark Law Basics - August 14, 2023
What is the Difference Between a Patent, a Trademark and a Copyright? - August 21, 2023
How Can an Intellectual Property Lawyer Help Your Business? - August 28, 2023