To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Question

Quizplus · Accepted Answer

This is the standard for trade dress infringement under the Lanham Act. The plaintiff must establish that their trade dress has secondary meaning to consumers and is not functional or necessary for the product, and that the defendant's trade dress is likely to cause confusion among consumers as to the source of the product.

To Prevail in an Action for Trade Dress Infringement, a Plaintiff