What are the elements of a trade dress infringement claim?
A trade dress infringement claim in North Carolina requires the claimant to show four elements. First, the claimant must show that they have a valid trade dress. A trade dress is the overall design of a product, which may include things like the shape, color, textures, or any other visual elements that make the product unique. Second, the claimant must show that the other person is using a confusingly similar trade dress. This could mean that the accused party is using a very similar product design to the claimant’s, or is otherwise implying that they are associated with the claimant somehow. Third, the claimant must show that this use of a similar trade dress is likely to cause confusion among consumers. This means that customers may be confused as to who is providing the goods or services. Finally, the claimant must show that they have been harmed due to this confusing use of the trade dress. This could include lost business, reduced sales, or any other damages. In North Carolina, trade dress infringement claims are governed by Unfair Competition Law, which allows parties to seek damages due to unfair competition in the marketplace. Trade dress infringement is a form of unfair competition, and claimants must prove the four elements mentioned above in order to receive damages.
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