U.S. Trade Dress Law

Book Description A must-have for any trademark professional, this publication traces the path of the development and evolution of trade dress law in the U.S. by exploring both the issues and case law — including the U.S. Supreme Court’s Wal-Mart v. Samara Brothers and TrafFix Devices, Inc. v. Marketing Displays, Inc. decisions — relevant to the now significantly limited doctrine of product configuration trade dress protection. Also examined are the factors basic to proof of a trade dress infringement case, namely, inherent distinctiveness, secondary meaning, functionality and likelihood of confusion. Analysis of the unique issues raised by the application of dilution principles to trade dress, trends in protection of nontraditional marks and the alternatives presented by copyright, patent and right of publicity laws are also explored in this treatment. Content Highlights • Evolution of Trade Dress Protection Under Section 43(a) of the Lanham Act • Two Pesos and Its Progeny • The Product / Packaging Distinction • Decline and Fall of Inherent Distinctiveness Protection for Product Design • Wal-Mart v. Samara Brothers and the End of Protection for Product Configuration as Inherently Distinctive • Proving Secondary Meaning • Functionality Jurisprudence Before & After the Lanham Act • The Aesthetic Functionality Doctrine • Likelihood of Confusion & the Brand Name Defense: from Bristol-Myers to Nora Beverages • Dilution Theory as Applied to Trade Dress • Protectability of Color Alone as a Trademark or Trade Dress • Claims in Nontraditional Trade Dress • Copyright, Patents and Rights of Publicity