After the recent wars between Apple and Samsung, the patent world has learned that design patents offer stronger protection than …
Tag: trade dress
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 …
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 …
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 …
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, …
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 …
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 …
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, …
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 …
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, …