What is trade dress infringement?

Trade dress infringement occurs when a person or business uses the distinctive appearance of another person’s product or service as a way to deceive consumers into thinking their product or service is from the same source. In Mississippi, trade dress infringement is a violation of Intellectual Property Law and may result in significant civil and criminal penalties. Trade dress is the “total image of a product” including the form, packaging, design, and configuration. It is an elaboration of the concept of trademark which uses the name and logo of a product. Trade dress often includes the shape, size, texture, and colors of a product. It can be a combination of features that are unique to a product. An example of trade dress infringement would be if a company used the same distinctive appearance as another company’s product or service to draw consumers to their own product or services as if they were from the same source. In Mississippi, trade dress infringement can be grounds for a lawsuit for both civil and criminal penalties. To prove a case of trade dress infringement, the party bringing suit must prove that their trade dress is distinctive and immediately recognizable to consumers, and that the party bringing suit has suffered economic harm as a result of the defendant’s actions. Depending on the case, damages may include compensatory damages, punitive damages, or injunctive relief where the defendant is barred from using the trade dress in question.

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What is trade dress infringement?

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