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Intellectual Property

Sep. 12, 2025

Trade dress and the checklist trap for lawyers

Lists bring order to legal analysis, especially in trade dress law -- but too many can cause judges and lawyers to miss the forest for the trees.

Antonio R. Sarabia II

IP Business Law, Inc.

320 via Pasqual
Redondo Beach , California 90277

Email: asarabia2@gmail.com

See more...

Trade dress and the checklist trap for lawyers
Shutterstock

Lists are beautiful things. Most people need them, especially for shopping. One purpose of lists is to keep track of things. Another purpose is analytical: to make elements pertinent to certain concepts or principles. This function requires careful thought.

Lists are part of the rhythm of American jurisprudence. The United States Supreme Court determines principles of justice. Then various courts of appeals analyze these principles, breaking them down i...

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