by evansfox | Nov 3, 2014
Trade dress is packaging, design and shape of a product that serves to identify its origin. The look and feel of a website can potentially be protected as trade dress, at least with respect to technical aspects that are non-functional. Courts have found the...
by evansfox | Dec 19, 2013
Design patents are faster to acquire but they only have a 14 year lifespan for protection. Trade dress (distinctive, brand identifying appearance or packaging) offers protection for as long as the identifying design is used in commerce. The two work hand-in-hand. ...
by evansfox | Apr 19, 2013
A restaurant that has a distinctive and recognizable décor theme can protect its “look and feel” through trade dress law, keeping competitors from adopting confusingly similar décor in their restaurants. However, successful restaurant décor trade dress claims require...
by evansfox | Apr 9, 2013
A former investor in a pizza chain franchise sold his shares and invested in his own pizzerias. The pizza chain (Happy’s Pizza) sued the former investor (Papa’s Pizza) alleging unfair copying of its restaurant design and menu. Its décor included granite countertops,...
by evansfox | Apr 2, 2013
Magnolia Bakery opened its first store in Greenwich Village, New York over 15 years ago. It is known for its cupcakes. The bakery believes its cupcakes are distinguishable and highly valued because of their “unique, distinctive, and immediately recognizable look — the...
