What are the elements of a trade dress infringement claim?
In Pennsylvania, a trade dress infringement claim consists of four main elements that must be present in order for a plaintiff to prevail. The first element is that the trade dress is distinctive. This means that the trade dress in question must be unique enough that it serves to identify the source of goods or services. The trade dress must also be nonfunctional, meaning it cannot serve any purpose other than to distinguish the source of the goods or services. The second element is that the trade dress has acquired a secondary meaning in the marketplace. This means that the trade dress in question must be recognizable by consumers to indicate the source of the goods or services. The third element is that there is a likelihood of confusion as a result of the trade dress infringement. This means that consumers must be likely to confuse the source of the goods or services due to the trade dress infringement. The fourth and final element is that the trade dress is similar enough to create a likelihood of confusion. This means that the trade dress in question must be confusingly similar to the trade dress of another party in order to be considered an infringement. In short, in order for a trade dress infringement claim to be successful in Pennsylvania, the trade dress must be distinctive, have acquired a secondary meaning in the marketplace, create a likelihood of confusion, and be similar enough to create a likelihood of confusion.
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