Civil Litigation,
Intellectual Property
Mar. 28, 2019
Secondary meaning
For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance of federally registering your product-design trade dress, earlier is better.
Victoria Burke
Scott + Scott Attorneys at Law, LLPEmail: vburke@scott-scott.com
Victoria is an adjunct professor of Fashion Law at Southwestern Law School.
For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance of federally registering your product-design trade dress, earlier is better. The U.S. Court of Appeals for the Federal Circuit ruled that presumption of secondary meaning in terms of federal protection begins with the date of registration, plus the court issued a new six-factor test for determining secondary meaning.
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