A recent battle between Miller’s Ale House and Boynton Carolina Ale House, LLC in Florida is a blow to trade dress protection for restaurants and ba...
Trade Dress Series, Part 5: Trade dress infringement
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how cou...
Restaurant Trade Dress Series, Part 4: How courts do NOT protect functional features
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how cou...
Restaurant Trade Dress Series, Part 3: How different courts evaluate trade dress infringement
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Trade dress law is actu...
Restaurant Trade Dress Series, Part 2: Restaurant decor as trade dress
The best legal advice concerning business décor is be innovative to avoid copycat situations altogether. The court in the case of Rib Buddies, LLC v....
Restaurant Trade Dress Series, Part 1: How a restaurant can trademark its trade dress
A growing area of trademark law known as trade dress law can be used to protect the general image –the look and feel – of a restaurant. Trade ...