Trade dress
The federal Lanham Act prohibits use of any trademark that is likely to cause confusion as to the association or affiliation of one person’s goods or services, with those of another. This protection is not restricted to federally registered marks; it also applies to unregistered marks which may arise through mere use.
Our trademark infringement practice focuses on representing a wide variety of clients in litigation and pre-litigation matters. We have successfully represented consumer product, food and software companies in trademark litigation. And, given our location in San Francisco and the Silicon Valley, we are acutely aware of how new technologies and marketing practices can impact trademark rights. These marketing practices can include improper use of a competitor’s trademarks in Internet marketing, cybersquatting, and search engine spam.
We have successfully represented consumer product, food and software companies in trademark litigation.
Often, trademark issues are accompanied by copyright, libel or unfair competition issues. Because we focus our practice on all areas of intellectual property, we bring to bear an integrated and multi-disciplinary approach to our trademark representations that materially helps our clients obtain favorable results.
Trade Dress Practice
Trade dress can also be protected under the Lanham Act, under a theory called “unfair competition”. Instead of a specific word or logo that is generally considered a trademark, trade dress protection extends to a total image or overall design or appearance of a product or its packaging. Trade dress may include features such as size, shape, color texture or graphics – and all these elements must be considered together as a whole to determine if a trade dress has been infringed.
Representative Cases
- Represented plaintiff in a trade dress case in Bebe au Lait, LLC v. Mothers Lounge, LLC, Case No. 13-3035 (N.D. Cal. Filed July 2, 2013). Favorable confidential settlement.
