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In Law360, IP Litigators Examine Federal Circuit Ruling Addressing Color Trade Dress Distinctiveness

Practices: Intellectual Property, Patent Strategy, Intellectual Property Litigation, Trademark, Trademark & Related IP Litigation

In a Law360 article, IP litigation counsel Evan Gourvitz (New York) and associate David Serati (Silicon Valley) examine the Federal Circuit ruling color trade dress distinctiveness. The authors explain that the court’s Forney decision attempts to resolve the tension that arises when color, a feature of goods that consumers do not typically associate with a single source, is used for product packaging—something that consumers may associate with a single source. The court’s decision leaves multiple questions for future trademark applicants and their attorneys.

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