Trade Dress

Trade Dress Protection

At Klemchuk Kubasta LLP, we offer substantial experience in trade dress matters, including trade dress registration, trade dress enforcement, defense of trade dress claims, and causes of action that often accompany claims of trade dress infringement, such as unfair competition, business disparagement, and trademark infringement.

A trade dress is protectable if it is non-functional and inherently distinctive or has acquired distinctiveness in the minds of consumers. The definition of trade dress is broad so, it is difficult to list all the features that can be eligible for trade dress protection, but some of the most common are size, shape, color or color combinations, texture, graphics, and sales techniques. Some examples of trade dress deemed protectable by various courts include restaurant décor, building shapes, pill capsule colors and shapes, and even the overall look of a line of greeting cards. Trade dress that meets the requirements of non-functionality and distinctiveness can be registered with the U.S. Patent and Trademark Office in the same manner as a word or logo trademark.