Pendulum Legal PC assesses Trade Dress entitlements that encompass the visual appearance of goods or services and packaging.
In Trade Dress Infringement claims the firm analyzes whether the Trade Dress is non-functional, the Trade Dress has secondary meaning, and whether there is a likelihood of confusion between the Trade Dress goods and the accused goods. Pendulum Legal PC also assesses any defenses to Trade Dress Infringement claims.
The firm analyzes the six (6) non-exclusive factors when weighing secondary meaning of a claimed Trade Dress: advertising expenditures, consumer studies linking the mark to a source, unsolicited media coverage of the product, sale success, attempts to plagiarize the mark, and the length and exclusivity of the mark’s use.
Ex parte Haig & Haig Ltd., 118 USPQ 229, 230 (Comm’r Pats. 1958) “The decree recited that because of the original, distinctive and peculiar appearance of the ‘Pinched Decanter’ the brand of whiskey in such bottles had come to be known and recognized by the public, by dealers and by consumers; and that the whiskey contained in such bottles had come to be identified with the ‘Pinched Decanter’ in the minds of the public generally.”
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