Trade Dress Infringement in the Eighth Circuit: Stuart Hall Co., Inc. v. Ampad Corp.
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Hormuth, Kevin F.
INTRODUCTION|Sellers rarely put their products on the market without a package or label. Such a package or label is known in unfair competition law as a "trade dress." Commentators define trade dress as the overall appearance of a product's package or label. Anything that the consumer sees - including size, shape, design, color, texture, words, and symbol marks - creates the dynamics of a trade dress. In 1946, Congress codified a basis for federal unfair competition law, including trade dress protection, in the Lanham Trade-Mark Act ("Lanham Traditionally, the Lanham Act was only invoked to assert trademark protection and was under-utilized to assert protection from other aspects of unfair competition. In recent years, however, section 43(a) of the Lanham Act has been rigorously invoked to afford protection to owners of unregistered trade dresses used in commerce. Whether or not an unregistered trade dress will be protected is...
29 Creighton L. Rev. 1421 (1995-1996)
Creighton University School of Law