After the recent wars between Apple and Samsung, the patent world has learned that design patents offer stronger protection than conventionally believ...
Non-traditional trademarks – Color Trade Dress
In other blog articles, we have considered the registration of nontraditional marks such as color for USPTO protection under the Lanham Act. Colors ar...
Marketing Themes as Trade Dress
Sales techniques or marketing themes are a newer category of trademark law’s trade dress laws. These have been recognized as protectable for a few d...
Design patent or trade dress?
Deciding Between Design Patent and Trade Dress Design patents have a 14 year lifespan under patent law. Trade dress is a form of trademark protection ...
Trade Dress Series, Part 5: Ineffective trade dress claims
In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design pat...
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...
Trade Dress Series, Part 4: Successful claims
In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design pat...
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...
Trade Dress Series, Part 3: Consumer-recognizable product design features
In Part 1 of this series, I introduced the different methods for seeking protection on product designs, namely, trade dress, copyright, and design pat...