Are there any defenses against a claim of trade dress infringement?

Yes, there are defenses against a claim of trade dress infringement in Arizona. Trade dress is a form of intellectual property that protects the visual design (or packaging) of a product. The first defense is functionality. If a party can show that the design of the product is primarily functional, then it cannot be considered trade dress infringement. For example, if a company makes a product with a unique shape that serves a specific purpose, then that design cannot be protected as trade dress. The second defense is prior use. If a party can show that they have used the trade dress before the other company, then a court will find the other company has infringing upon the original user’s trade dress. The third defense is trademark dilution. If a party can show that the other company’s use of the trade dress is not diluting their own rights, then a court may rule that there is no trade dress infringement. The fourth defense is innocent infringement. If a party can show that they had a good faith belief that their use of the trade dress was not infringing, then a court may rule that there is no infringement. Finally, the fifth defense is fair use. If a party can show that their use of the trade dress is within the bounds of fair use, then a court may rule that there is no infringement. These are all defenses that can be used against a claim of trade dress infringement in Arizona. Each defense has specific elements that must be met for the use to be considered legally permissible. It is important to consult an experienced lawyer who is familiar with unfair competition law to properly utilize one of these defenses in a court of law.

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