Product designs often serve as the cornerstone of a brand’s identity, evoking instant recognition and loyalty among consumers. From the iconic silhouette of Coca-Cola’s glass bottle to the distinctive ...

A trademark (or service mark for services) primarily protects words, names, symbols, slogans or logos used to identify and distinguish the source of goods or services. Trade dress is essentially a ...

RECENT FASB RULE CHANGES HAVE MADE IT IMPORTANT for CPAs to understand the concept of “trade dress” and its impact on a company’s financial statements. Trade dress refers to the unique packaging or ...

“Over the decades of intense promotional activity, [Plaintiff] has advertised its products using many different themes, but never did it advertise that consumers should look for any of the things it ...

Are widely used features in a product entitled to trade dress protection? The answer to that question has been narrowed considerably, at least for elements widely used in the marketplace, by a recent ...

December 01, 2025 - The rise of "dupe culture" — once confined to fashion and cosmetics — is now reshaping the legal landscape of the food and beverage industry. As consumers increasingly embrace ...

In the previous installment of the Cooler Wars, we explored how patents protect the functional aspects of a product and where those protections fall short. YETI, a well-established brand known for its ...

On June 12, 2023, Deckers Outdoor Corporation, owner of the UGG brand, sued Quince, an affordable fashion e-commerce company, alleging that Quince’s shearling lined boots infringed Deckers’ ...

A trade dress complaint by Lululemon could provide a roadmap to help other plaintiffs make their best cases, argue counsel. Athletic apparel company Lululemon sued retailer Costco for trade dress and ...