Trade Dress Protection discusses the practical aspects of litigating trade dress, both from the trade dress owner’s and the defendant’s or competitor’s standpoints. Topics include:


  • Utilitarian and aesthetic functionality

  • Generic trade dress

  • The effect of “incontestable” trade dress registrations

  • The latest Lanham Act amendments and their retroactivity

  • Trade dress in particular industries, such as automotive and pharmaceutical

  • Insurance coverage and defense for trade dress lawsuits or claims

  • The approach of the USPTO

  • Views of the United States Customs and the International Trade Commission

  • Protection of colors as trade dress

  • The importance of image advertising in trade dress cases

  • Registration of trade dress on the federal and state level

  • The likelihood of confusion in trade dress cases

  • The effect of relevant Supreme Court decisions

Features of this title include:


  • Search queries for trade dress cases and expert filings, providing a helpful starting point for research

  • Illustrations throughout the text and appendices that help you understand the fine distinctions made by court rulings

  • Numerous practical tips and advice on how to actually handle and win trade dress cases

Copyright Levin & Dicterow 2016