Protecting Your Trademark And Trade Dress Rights
In recent years, marketing experts and others have gained a better understanding of the importance of branding as a key component to marketing efforts for products and services. The images, logos and even the products themselves can embed your company’s brand into the minds of your customer base. Every time they think of your company, they think of that image or set of images, and every time they see that image, your brand is in their mind.
Because of the importance of this type of branding, trademark and trade dress are extremely important concepts in the business world. Companies need to protect their branding imagery, and anyone facing a lawsuit for trademark or trade dress infringement needs to defend against these charges aggressively.
At Levin & Dicterow, we handle all types of trademark and trade dress litigation matters. Our attorneys have decades of experience serving clients in Laguna Beach, California, and throughout the country. If your trademark or trade dress rights have been infringed upon, we can bring a claim on your behalf. If you are being charged with infringement, we can protect your rights.
What Is Trademark And Trade Dress?
Trademark and trade dress fall under intellectual property (IP) law in general. They are similar concepts, both having to do with the appearance and branding of a company and the goods and services it provides.
There are slight differences between the two:
- Trademark: A trademark is a mark, or some kind of defining or distinguishing feature, that identifies a product, service or brand name. The Nike “swoosh” is one of the most common and easily recognizable examples. Trademarks can be words, logos, images or designs.
- Trade dress: Trade dress is similar to trademark, but it involves the whole manner in which a product is “dressed up,” the total appearance of the product, including size, shape and color combinations.
Both trademark and trade dress are protected under the law as intellectual property important to a business’s ability to compete in the marketplace. If someone started making their own shoes and put the Nike “swoosh” on these shoes, it is a clear violation of intellectual property law.
You Do Not Need To Be A Legal Expert
Trademark, trade dress and other related areas of IP law are complicated, involving fine critical distinctions and a deep knowledge of legal precedent. If you are unsure about whether or not you have a viable claim, call us. You don’t need to be the expert; our lawyers will take care of it for you.
We have obtained multiple settlements in the millions, we have won the largest verdict in a trademark case (more than $140 million), and we have successfully defended many clients against trademark and trade dress suits.
A Litigation Firm
At Levin & Dicterow, we are an intellectual property litigation boutique. Attorney William Levin wrote a leading treatise on trade dress law. Our attorneys focus on protecting our clients in trademark and trade dress lawsuits. We represent plaintiffs whose intellectual property has been compromised, and we represent defendants who have been accused of trademark and trade dress violations.
We can do filings and administration work for trademark and trade dress registration, and, in fact, our extensive litigation experience in these matters gives us unique insight into this work; but our primary focus is on trademark and trade dress litigation.