Which of the following is not a required element for a successful trade dress claim?
A) The trade dress is primarily nonfunctional.
B) The trade dress adheres to industry standards.
C) The trade dress is inherently distinctive or has acquired a secondary meaning.
D) The alleged infringement creates a likelihood of confusion.

Question

Quizplus · Accepted Answer

Adherence to industry standards is not a required element for a successful trade dress claim. The other elements mentioned - primarily nonfunctional, inherently distinctive or acquired secondary meaning, and likelihood of confusion - are required.

Which of the Following Is Not a Required Element for a Successful