Trade Dress

Trade dress rights protect the “look and feel” or the overall appearance of products and their packaging. Protected features of a product may include the size, shape color or color combinations, texture, graphics or even certain sales techniques used to promote that product.

Recent court decisions have brought new trade dress issues to efforts to create and maintain unique marketplace identities, and to efforts to enter and compete fairly in established markets.

Our lawyers are familiar from frequent experiences with the trade dress related laws of patent, trademark, copyright, trade practices and competition which impact trade dress decisions during trade dress development and thereafter. Through involvement in the development process, Banner & Witcoff lawyers can help steer new products and services to successful launch, with associated establishment of enforceable exclusive rights. When necessary, Banner & Witcoff lawyers can litigate, to stop either the unscrupulous copyist or the overly aggressive established competitor.