Trade Dress Protection discusses the practical aspects of litigating trade dress, both from the trade dress owner's and the defendant's or competitor's standpoints. Topics include:
- Utilitarian and aesthetic functionality
- Generic trade dress
- The effect of “incontestable” trade dress registrations
- The latest Lanham Act amendments and their retroactivity
- Trade dress in particular industries, such as automotive and pharmaceutical
- Insurance coverage and defense for trade dress lawsuits or claims
- The approach of the USPTO
- Views of the United States Customs and the International Trade Commission
- Protection of colors as trade dress
- The importance of image advertising in trade dress cases
- Registration of trade dress on the federal and state level
- The likelihood of confusion in trade dress cases
- The effect of relevant Supreme Court decisions
Features of this title include:
- Search queries for trade dress cases and expert filings, providing a helpful starting point for research
- Illustrations throughout the text and appendices that help you understand the fine distinctions made by court rulings
- Numerous practical tips and advice on how to actually handle and win trade dress cases
Practice forms from actual trade dress cases, including samples of trade dress applications, infringement complaints, motions, and briefs, are included.
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