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Has anyone successfully defended their trade dress?

Lisha McGiffie

Yes, there have been several successful cases of trade dress protection that have come to light over the years. For those unfamiliar with the concept, trade dress refers to the overall look and feel of a product or service. It encompasses everything from the packaging to the graphics, colors, and designs used in advertising and promotional material.

One of the most well-known cases of trade dress protection occurred in 1977 when the Supreme Court ruled in favor of Two Pesos Inc. in a dispute with Taco Cabana Inc. Two Pesos argued that Taco Cabana had copied their distinctive look and feel, which featured bright colors, festive decor, and a vibrant atmosphere. The court sided with Two Pesos, stating that Taco Cabana had indeed infringed on their trade dress and ordered them to pay damages.

Another notable case involved Coca-Cola's iconic bottle design. In 2011, the company successfully argued before the US Patent and Trademark Office that their unique curved bottle shape had acquired "secondary meaning" over time and was therefore entitled to protection. The decision was seen as a major victory for Coca-Cola, as it meant that competitors would find it more difficult to copy their distinctive bottle design.

In recent years, we have seen an uptick in cases involving trade dress protection in the tech industry. Apple, for instance, has been quite aggressive in defending the look and feel of their products. In 2012, they won a $1.05 billion judgment against Samsung in a high-profile patent infringement case that included claims of trade dress violation. Apple argued that Samsung had copied the iPhone's distinctive design, which featured rounded edges, a rectangular shape, and a simple home button. Samsung, for its part, claimed that the iPhone's design was not eligible for protection as it was simply a collection of functional elements.

More recently, we have seen similar disputes arise in the realm of mobile apps. In 2019, the social media platform TikTok filed a lawsuit against the app developer Joyy Inc. over allegations of trade dress infringement. TikTok argued that Joyy had copied their distinctive user interface and graphic design elements, such as the layout of the app's personal page and the format of the "challenge" feature. While the case is still ongoing, it highlights the growing importance of trade dress protection in the digital age.

Overall, there have been numerous successful cases of trade dress protection over the years, demonstrating the value of protecting a product or service's unique look and feel. Whether in the food, beverage, or tech industries, companies are increasingly recognizing the importance of trade dress as a key tool for differentiating their offerings and maintaining a competitive edge.