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Trade Dress Attorney

A trade dress is the visual appearance of a product or its packaging that signifies the source of the product. It can be the unique design, shape, texture, color, or overall appearance of a business. For a service, trade dress can be the environment or décor specific to that particular business. For a product, trade dress can include the packaging, product placement or presentation. Because trade dress is extremely valuable for a business’ marketing and brand recognition, the imitation by another of a company’s trade dress is unlawful.

Infringement of the trade dress by others that you worked hard to create can be distressing, as building customer loyalty through branding takes years to accomplish. Infringement of your company’s trade dress can confuse consumers and lead to a diminished customer base and financial losses. At the Peacock Law Firm PLLC, the firm’s trade dress attorney is well-versed in trade dress law.

Aspects Protected Under Trade Dress Law

To be protected by law, a trade dress must be distinctive enough to cause customer confusion if customers saw similar trade dress from competing businesses. This means one cannot claim trade dress infringement if another company simply uses the same colors, or has similar functional aspects of trade dress. Some aspects that are commonly protected under trade dress law include:

  • Décor or menu
  • Style of service
  • Product packaging
  • Aesthetic of a service
  • Product layout

Although not required, protections afforded by trade dress law could be strengthened through registration of trade dress with the United States Patent & Trademark Office. Both registered and unregistered trade dress can be protected, but if a trade dress is registered, it dramatically increases the ability to prevail in court in a trade secret infringement action against an infringer. It also can enhance the total recovery of damages.

Consult with a Dallas Trade Dress Attorney

Infringement of a company’s trade dress can be considered a form of intellectual property theft and is prohibited by law. If you are experiencing infringement upon your business’ trade dress rights or if you are being accused of trade dress infringement, the trade dress lawyer at the Peacock Law Firm PLLC may be able to fight for you. Call the firm’s Dallas office at (214) 617-1000 or send an email today.