About: Trade dress infringement   Sponge Permalink

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To establish trade dress infringement under the Lanham Act, a plaintiff must prove that * (1) the allegedly infringing design is non-functional * (2) the design is inherently distinctive or has acquired secondary meaning; and * (3) consumers are likely to confuse the source of the plaintiff's product with that of the defendant's product.

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rdfs:label
  • Trade dress infringement
rdfs:comment
  • To establish trade dress infringement under the Lanham Act, a plaintiff must prove that * (1) the allegedly infringing design is non-functional * (2) the design is inherently distinctive or has acquired secondary meaning; and * (3) consumers are likely to confuse the source of the plaintiff's product with that of the defendant's product.
dcterms:subject
abstract
  • To establish trade dress infringement under the Lanham Act, a plaintiff must prove that * (1) the allegedly infringing design is non-functional * (2) the design is inherently distinctive or has acquired secondary meaning; and * (3) consumers are likely to confuse the source of the plaintiff's product with that of the defendant's product.
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