Category Archives: Trade Dress

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Legal and Equitable Profit Disgorgement in a Trademark Case

In many instances, trademark and trade dress cases are directed to injunctive relief, with damages being almost an afterthought.  Not sharply focusing in damages from the outset of a case may be a mistake, particularly given what may be recovered as legal and equitable damages and the ability to disgorge an infringer’s profits as a … Continue reading this entry

Can You Identify Your Trade Dress?

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a storefront. Unlike patents, which have an expiration date, trade dress rights can last indefinitely, as … Continue reading this entry