Trade Dress Fundamentals

Trade Dress Fundamentals

Darius Gambino, a partner in the Firm's Life Sciences and IP Litigation Practice, authored this article regarding federal trade dress protection and enforcement under the Lanham Act. It addresses the potential categories of trade dress, the requirements for trade dress protection (i.e., distinctiveness and nonfunctionality), the advantages of federal registration and trade dress enforcement. Darius also discusses the importance of an integrated protection strategy that comprises trade dress, copyright and design patent protection, where feasible.

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