What is trade dress infringement?

Trade dress infringement is a form of intellectual property law specific to Pennsylvania. It is a law that protects the way a product looks and how it is marketed to consumers. It is used to protect a company’s product from being copied by a competitor. Trade dress infringement occurs when someone copies a product’s look, without authorization. This could include copying the product shape, packaging, size, color, or other non-functional features that give the product a unique and recognizable look. For example, if a new hamburger joint opened up and copied the look of an existing hamburger joint even though the menu items were different, the existing hamburger joint could have a claim for trade dress infringement. The law requires that the trade dress of the product be non-functional. This means that it cannot be essential or necessary to the use of the product, such as the shape of a yogurt container. It is also important to note that the trade dress cannot be too generic. If an individual or a company believes that someone has infringed upon their trade dress, they can pursue a claim in court. To be successful, they must prove that the trade dress is non-functional, unique, and recognizable. They must also show that there has been a significant amount of copying. The court may award damages to the plaintiff in a trade dress infringement case, including damages for lost sales or profits, or other harm the infringing party caused.

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