Trade dress watch — the value of trade dress litigation is on the rise

By Heather Angelina Dunn and Shannon Mo

The value of trade dress litigation is on the rise. While in the past the primary value of trade dress litigation rested in the ability of the plaintiff to enjoin competition (except possibly in cases of counterfeit goods), recent cases suggest otherwise.

Juries in California and Texas recently made awards of $8.1m (£5.2m) and $5.86m (£3.75m) in two cases involving trade dress infringement. The issue in Mixed Chicks v Sally Beauty Supply was a hair care product line targeting multi-ethnic customers with naturally curly hair under the trademark Mixed Chicks. The line was packaged in cylindrical, translucent, plastic bottles with clear pumps and cylindrical, translucent, plastic jars showing the colour of the product within. In 2009, Sally Beauty Supply, the world‟s largest retailer of professional beauty supplies, offered Mixed Chicks the opportunity to sell its line in Sally Beauty stores, but Mixed Chicks declined and continued to sell its products through its website and salons.

In 2011, Sally Beauty introduced its own product line for individuals with naturally curly hair: Mixed Silk. Mixed Chicks claimed the Sally Beauty line infringed its trademark and trade dress rights, contending that the shapes of the Mixed Silk bottles and jars, along with such similarities as fonts, colours and the translucent pumps, were likely to cause confusion among consumers…

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.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer


3 Noble Street

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 542 (International 50)
No. of partners: 142.6