Photo: MA8 via Shutterstock Designs That Say It All: Steps To Protect and Enforce Trade Dress Rights
Sometimes products speak for themselves—red-soled heels (Louboutin), a robin's egg blue box (Tiffany & Co.) and H-shaped belt buckles (Hermès). Brands often seize on the power of design for consumer recognition and take steps to build and maintain trade dress rights. This article explores trade dress issues companies should be thinking about when forming a legal strategy to protect or challenge trade dress rights in their product designs.
August 28, 2020 at 03:01 PM
8 minute read
Sometimes products speak for themselves—just by look and feel alone, consumers know what company puts out red-soled heels (Louboutin), a robin's egg blue box (Tiffany & Co.) and H-shaped belt buckles (Hermès). This is not lost on brand owners: countless brands have seized on the communicative power of design as a tool for consumer recognition and have taken steps to cultivate valuable trade dress rights. A trade dress is a type of trademark that refers to the image and overall appearance of a product. It can include customized packaging, product shape and color and even the look and feel of a retail store or webpage.
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