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

Yes, there are several potential defenses against a claim of trade dress infringement in Pennsylvania. Trade dress is a term that refers to the overall look of a product or service, including the packaging, design, and other visual elements. The first defense is that the alleged trade dress infringement was not likely to be confused with the original product or service. In Pennsylvania, a court will determine whether the trade dress infringement is likely to cause confusion in the marketplace, such that consumers might assume the goods or services originated from the same company. The second defense is that the trade dress is functional, meaning it serves an important purpose in the product or service. If the trade dress is functional, then it cannot be protected under the law. The third defense is that the trade dress is generic and descriptive. For example, if the trade dress is a common shape or pattern, then the court might decide that the trade dress is too generic to be considered infringement. Finally, the fourth defense is that the alleged infringer was not aware of the original trade dress. If the alleged infringer was unaware of the original trade dress, then the court may find that there was no trade dress infringement. Overall, Pennsylvania provides several defenses against a claim of trade dress infringement, and it is important to consider these defenses when defending against such a claim.

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

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