Perspective
Mar. 21, 2015
When product design serves as trade dress
A surge in design patent/trade dress litigation has strained the longstanding tension in the law between unprotected functional elements of product design and appropriately protected trade dress. By Todd M. Lander
A surge in design patent/trade dress litigation has strained the longstanding tension in the law between unprotected functional elements of product design and appropriately protected trade dress. The distributor of UGG boots, for instance, has initiated a campaign in recent years against manufacturers and retailers of similarly styled boots, asserting infringement of the UGGs design patents and trade dress (I defended several of these cases). ...
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