When is a product's design or configuration protectable as trade dress? The answer is sometimes unclear, but it may now be a bit clearer, thanks to the Second Circuit's recent opinion in Samara Brothers, Inc. v. Wal-Mart Stores, Inc. This case provides some useful guidance on how to prove inherent distinctiveness at trial and how to advise clients about creating protectable trade dress.
June 01, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
When does a product’s design or configuration become protectable as trade dress? The answer, in the United States, is sometimes unclear.
The easy case is when a design or configuration has achieved secondary meaning in the marketplace.� If the public thinks the design indicates the product’s source, the design is protected trade dress. [FOOTNOTE 1]
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