As part of our Intellectual Property Litigation practice, we also handle trade dress litigation services.

Our IP litigation attorneys represent plaintiffs and defendants involved in trade dress litigation. We handle all types of trade dress disputes in federal and state courts in Texas as well as nationwide.

What Is Trade Dress Infringement?

Trade dress includes the visual appearance of a product, its design, or packaging. As with trademarks, trade dress signifies the source of a product. Misuse through trade dress infringement often results in confusion among consumers. Trade dress litigation becomes necessary when IP protection and enforcement don’t stop a competitor’s infringement.

Trade Dress Litigation

We represent plaintiffs and defendants in trade dress litigation in federal and state courts. We also handle claims that often accompany related claims, such as unfair competition, business disparagement, and trademark infringement. While litigation may be necessary, we also offer enforcement services to help proactively identify issues that may be handled outside of litigation.

Trade Dress Protection and Enforcement

It is important for companies to take steps to protect their trade dress. A company can be diligent in protecting its rights through monitoring for potential infringement and addressing disputes as soon as they are discovered. We also offer legal services to address trade dress issues before they arise through:

  • Trade Dress registration

  • Potential design patent protection

  • Potential copyright registration

  • Product package manufacturing agreements

Trade dress enforcement does not necessarily require litigation. If a trade dress dispute arises, there are a variety of strategies, ranging from informal negotiation and settlement discussions to immediate court intervention when necessary. Seeking a temporary restraining order or injunctive relief is a common strategy to prevent further infringement.

Local Counsel for Trade Dress Litigation Matters

We also act as local counsel for out-of-state plaintiffs and defendants involved in trade dress litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.

Additional Insights Regarding Trade Dress Litigation

For more information on trade dress litigation legal issues, see our Legal Insights and Industry Solutions pages.