Trade dress refers to the visual display of a packaged good that is used to represent the item to consumers. The visual representation of an object may also include the functionality and design of the product itself, as anything recognized by sight on behalf of the consumer is considered trade dress if it is designed to sell or represent a certain brand. Trade dress includes commercial settings, such as a store or restaurant, if it is also being used to represent a good or service. Trade dress expert witnesses may have backgrounds in varying disciplines, such as packaging, marketing, product design, food industry, as each of these fields utilize trade dress as a way of attracting potential consumers.
Since trade dress is designed to represent one’s brand, related lawsuits usually involve infringement, trademark infringement, licensing, dilution, or other issues with the Lanham Act and intellectual property laws. A trade dress expert witness may have experience with displays and merchandising, including corporate design, graphic design, and retail display. Experts in trade dress might be asked to provide an expert opinion on the likelihood of confusion.
ForensisGroup has been offering highly qualified experts to attorneys for more than twenty years. Call us today or submit an expert request form to connect with the right trade dress expert witness for your particular case.