Trade Dress Watch: a case for counterfeit trade dress
By Gina Durham
Can a product that imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a ‘counterfeit’ product under US law? Owners of popular brands (such as Louis Vuitton and Tiffany) are well acquainted with the counterfeiters’ practice of applying their brand name or logo to fake goods and often respond with a claim pursuant to Section 32 of the Lanham Act alleging use of a ‘counterfeit mark’.
What is less clear is whether a counterfeit claim under Section 32 will be successful if the alleged ‘counterfeit mark’ is trade dress, rather than a word mark or a well-known logo mark.
The Lanham Act defines a ‘counterfeit mark’ as ‘a counterfeit of a mark that is registered on the principal register in the US Patent and Trademark Office for such goods or services sold, offered for sale or distributed and that is in use, whether or not the person against whom relief is sought knew such mark was so registered’…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Employers have a much greater opportunity to collect and retain vast amounts of information. This information is useful to have on file — but what are the risks?
The anonymous nature of Bitcoin payments has caught the attention of tax authorities and other regulators, both in Australia and overseas.
Analysis from The Lawyer
The fragile refinance market is back in rude health and US-style alternative lenders are stepping up with innovative structures to sustain the recovery
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies