Trade Dress Rights
Texas Trade Dress Rights Attorneys – Unfair Competition
It happens often in today’s competitive global market. You put a lot of time, money and effort into developing and marketing a new product. Your efforts pay off and consumers embrace your product. Inevitably, though, others will try to coattail on your success, putting out products that look deceptively similar to yours, misleading the public into believing they are buying your product. You have a right to stop others from wrongfully profiting by copying the distinct appearance or your product or packaging – this type of legal action is known as a “trade dress” infringement action. If you have suffered losses because a competitor has replicated your product or packaging, the Texas trade dress rights attorneys at Bailey & Galyen can help.
At Bailey & Galyen, we bring more than 20 years of experience to individuals and businesses that have suffered losses because of unfair competition, including companies that have been victims of trade dress infringement. We aggressively protect the rights of our clients, moving quickly to obtain cease and desist orders, when appropriate, and seeking full and fair compensation for lost revenues and other damages. We built our practice on a commitment to thorough preparation and hard work. We will fully investigate the facts and circumstances of your case, gathering and preserving all relevant evidence. Our attorneys will prepare and file all necessary paperwork, and will be your advocate in any hearings or legal proceedings.
Our Representation in Trade Dress Infringement Actions
We are intimately familiar with the provisions of the Lanham Act, the federal statute that provides trade dress protection to individuals and companies. We will conduct a thorough investigation of your claims, looking at all aspects of your product or packaging design, including the color of the product or packaging, its shape or design, and the arrangement of the product in its packaging. When appropriate, we will work with expert witnesses, including product marketing specialists, to assess the likelihood of confusion between your product/packaging and that of the alleged infringer.
Trade dress may also be registered with the U.S. Patent and Trademark Office, though such registration is not necessary to seek compensation for infringement. We will help you take the steps necessary to register your trade dress, if appropriate. As part of that process, we will evaluate your product and packaging to determine whether the legal requirements of functionality and distinctiveness have been met.
Contact Texas Trade Dress Rights Attorneys
At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas trade dress lawyer, contact us online or call our offices at one of the numbers listed below. Our phones are answered 24 hours a day, seven days a week.