Trade Dress Litigation

Irvine, California - Trade Dress Litigation

Protecting and preserving business assets means maintaining the integrity of all intellectual property, including trade dress. It also means protecting a business's bottom line when litigation looms.

Contact an experienced intellectual property lawyer at Burch, Coulston & Buncher, LLP to schedule a consultation regarding any trade dress dispute. We represent clients in Orange County and throughout the Los Angeles area.

Trade Dress Infringement

Related to trademarks and service marks, "Trade Dress” refers to the total image of a product or service, and as such, may include different characteristics such as shape, size, graphics, texture, color and color combinations. In short, a plaintiff may have a case for trade dress where defendant makes a confusingly similar appearing product, and the similarity in appearance is not merely explained by the function of the product. For instance, different cars made by different manufactures that compete within the same class generally look quite different, because the shapes of the automobile bodies are dictated by aesthetics and style, as much as they are dictated by function. However, it is difficult to make tires look different (except by graphics), because their general appearance is dictated by their function and materials.

Damages and Remedies for Trade Dress Violations

There are a variety of damages and other remedies available to a plaintiff for trade dress infringement. For example, some of these remedies may include consequential damages, costs of the action and injunctive relief (e.g., a court order that defendant discontinue in engaging in certain conduct).

In respect to statutes of limitations, the Lanham Act contains no statute of limitations (see 15 U.S.C. §§ 1051-1127). Thus Federal courts need to look to the law of the applicable state court. In respect to California State law, it is quite unclear. Thus, as in all questions involving statutes of limitations, it is critical that you consult with an attorney to determine what particular statutes of limitations apply, and their duration.

Whether you are a plaintiff or a defendant, it is important you are represented by experienced, competent, diligent and aggressive counsel in your trade dress litigation. Look to BCB, in Irvine California to meet all your intellectual property litigation needs.