Trade dress is a subset of trademark law. When consumers recognize the look of a product or the appearance of a retail establishment as identifying the source of a product or a service, the “look” is deemed protectable by “trade dress.”
The successful assertion of trade dress rights requires a creative mind as the trade dress must be carefully identified and described. Gottlieb, Rackman & Reisman’s experience in this area is unparalleled. We work intimately with clients to develop and assert their trade dress—such as in the configuration of furniture, handbags, toys, lighting fixtures, the interiors of restaurants or shops. Our commitment to understanding our clients’ businesses has enabled our attorneys to be particularly successful in developing and asserting trade dress rights in the goods sold by our clients, including creating enforcement programs which inhibit others from encroaching on your trade dress rights. And while trade dress per se may not be protected by a registration of your rights, we thoughtfully consider what elements can be protected by trademark registration and/or design patent or even copyright so notice of your rights is given to third parties and so that you derive the procedural benefits of have registered elements of your works. Our intimate familiarity which all facets of intellectual property law is what allows us to choose exactly what laws protect your work.