Which of the following statements is true about a trade dress?
A)The main focus of a case of trade-dress infringement is usually on whether the trade dress is primarily functional.
B)One of the elements that a party must prove to succeed on a claim of trade-dress infringement is that the alleged infringement creates a likelihood of confusion.
C)A trade dress is entitled to lesser protection than a trademark.
D)A trade dress must be registered to receive protection from the law.

Question

Quizplus · Accepted Answer

One of the elements that a party must prove to succeed on a claim of trade-dress infringement is that the alleged infringement creates a likelihood of confusion. The main focus of a case of trade-dress infringement is not usually on whether the trade dress is primarily functional, as stated in option A. Trade dress is entitled to the same level of protection as a trademark, and sometimes even more, as it can include a combination of distinctive elements that are not necessarily covered by a trademark alone, which contradicts option C. Trade dress does not need to be registered to receive protection from the law, so option D is also incorrect.

Which of the Following Statements Is True About a Trade