The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more
In 2001, the Supreme Court in TrafFix Devices, Inc. v. Marketing Displays, Inc. refined its test for determining whether a product design is functional—and thus ineligible for trade dress protection. 532 U.S. 23, 58...more
I often get asked by clients to discuss the differences between design patents and trade dress. Both are intellectual property protections that protect similar aspects of a product—the appearance and aesthetic features. Last...more