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Jul 16, 2013
William Bartow, DLA Piper, USA
First published in DLA Piper's Intellectual Property and Technology News (US) Q2 2013

Trade Dress Watch: protecting a color


William Bartow, DLA Piper, USA, First published in DLA Piper's Intellectual Property and Technology News (US) Q2 2013In the wake of cases like Louboutin v. Yves Saint Laurent, more companies are now considering strategies to protect colors by using trade dress. But the task of protecting a single color as trade dress is much easier said than done. Given the arguably broad nature of single color marks, courts are reluctant to grant exclusivity to a single party. One big hurdle is the requirement of showing a product color is not functional. Courts have treated single color trade dress much like product configuration trade dress, holding  read more