It is important for business executives and corporate entities to understand trademark infringement. If they hold a trademark over a certain product design, for example, it is illegal for another company to use that design without permission. The design itself is a piece of intellectual property, which is a very valuable, non-tangible asset that the business holds, and the trademark protections are in place to ensure that the design cannot be stolen.
But a similar idea to keep in mind is trade dress infringement. This is a bit different, so how does it work and when would it apply?
A distinctive look
Trade dress simply refers to the way that a product looks when it is being sold. This could include the physical design itself, the labeling, the packaging that is used and other key elements. For example, a soft drink manufacturer may use distinctive bottles, helping customers immediately identify its products.
Therefore, even if another company does not infringe on any trademarks by copying the design of a product, it still could infringe on trade dress protections if it intentionally tries to make its product look too similar.
The reason for this is that similar-looking products may be used simply to cause customer confusion. The company that is doing the copying is hoping that consumers will think the products are authentic and purchase them, so it is taking sales away from the original company and benefiting from its brand recognition.
Seeking legal remedies
Trade dress infringement can get complex, especially when the appearance of a product is not necessarily identical, but is just similar enough to cause confusion. When companies and corporations find themselves facing these types of lawsuits or proceeding with litigation to protect their intellectual property rights, it is critical that they understand exactly what legal steps to take.