What is trade dress infringement?
Trade dress infringement is when someone copies the “look and feel” of a product or service, including its packaging, without permission from the owner of the product or service. It is a form of intellectual property law that protects a product’s or service’s distinctive features from being copied by competitors. In South Carolina, trade dress infringement is taken very seriously and may result in legal action against the person who has copied the product or service. When it comes to trade dress infringement, the accuser must prove that the defendant’s product or service has copied the unique aspects of the accuser’s product or service. This includes items such as packaging, color, shape, size, texture, graphics, etc. If the accuser can prove that the defendant has copied their product or service, they may be able to bring a successful legal claim for trade dress infringement. Another factor that needs to be considered when determining trade dress infringement is how similar the accused and accuser’s products or services are. If the products or services are very different, it is unlikely to be considered trade dress infringement. The accuser must also demonstrate that the similarity between the accused and accuser’s products or services is likely to cause confusion in the marketplace. In South Carolina, it is important to understand the specifics of trade dress infringement and seek legal advice if you feel your intellectual property rights are being violated.
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