What is trade dress infringement?

Trade dress infringement is a type of intellectual property law violation that occurs when one company’s product is copied so closely by another company that it is indistinguishable from the original product. Trade dress is a legal term used to describe the visual elements used to identify a particular product or brand. This can include a company’s packaging, labeling, or even the product’s shape or surface decoration, such as a unique color scheme and logo. In the state of New Hampshire, the Lanham Act provides protection to trade dress that is considered “inherently distinctive” or has become distinctive through use. This means that a company is not allowed to create a product that is substantially similar to another company’s product’s trade dress. If a company produces a product or brand with a trade dress that is similar enough to the original product so that consumers are likely to be confused or deceived, then it is considered an infringing trade dress. If a company in New Hampshire is accused of trade dress infringement, they may be subject to a civil lawsuit. If the court finds that trade dress infringement has taken place, they may issue an injunction to prohibit further use of the infringing trade dress, award damages to the injured party, and require the infringer to pay for legal costs. It is important for companies to be aware of the trade dress of their competitors to ensure they do not unintentionally violate any intellectual property laws.

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