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Understanding and protecting business trade dress in Florida

On Behalf of | Apr 11, 2024 | International Trade Litigation |

Protecting your company’s confidential information is probably a primary concern for you. However, safeguarding the essence of your business appearance and brand identity can be equally crucial.

Trade dress infringement, which is the unauthorized copying of brand elements, is a hidden threat that many business owners overlook. Here are a few key points that you should know about trade dress violations.

What is it and why does it matter?

In a world of designer knock-offs and brands imitating one another – standing apart from competitors is paramount. When elements of your brand are stolen and used by another, your business could face monumental hardships. For example, your customers or clients may begin patronizing the competitor, believing them to be affiliated with you.

Trade dress infringement laws can extend to many aspects, such as the design or color scheme of your buildings or the shape of your product packaging. These carefully crafted elements help customers instantly recognize your brand – shielding them is vital for business success.

How can businesses protect trade dress?

Since trade dress rights fall under trademark law, you can register it with the United States Patent and Trademark Office (USPTO). Taking this step can provide strong nationwide protection.

Having experienced legal guidance can help you do the following:

  • Make sure that your application meets the necessary criteria.
  • Conduct thorough searches to identify conflicts with existing trademarks.
  • Help you implement additional protections for all your business intellectual property.

When unlawful infringement harms your company, you do not need to accept your fate. Instead learn more about how the law can protect you.