Recommended Reading: Ted Davis on "Trade Dress Protection for Product Designs"
Ted Davis gave an excellent presentation on "Trade Dress Protection for Product Designs" at IPO's PTO Day Seminar last week. He has graciously allowed me to provide a link to his article (here). Trademark practitioners know that when Ted speaks, they should listen.
Kilpatrick Stockton LLP
The article is divided into four sections:
- The Historical Right to Copy Product Designs.
- Restrictions on the Right to Copy Product Designs.
- Issues Associated with the Establishment of Protectable Trade Dress Rights to Product Designs.
- Establishing Liability in Product Design Trade Dress Cases.
The 64-page article is followed by a 19-page Appendix of Citations to Notable Product Design Trade Dress Cases, helpfully indexed alphabetically by subject matter: from air fresheners to zithers.