Important Issues for Entrepreneurs: Trade Dress (Part B)

Protecting Your Trade Dress

As the owner of a federally registered trade dress, you can protect your trade dress against potential dilution and infringement. If someone does infringe upon your trade dress, and they refuse to cease and desist, you may take legal action in a formal court of law. In this case, you will need to file an infringement lawsuit in a state or a federal court.

As with all of your most important business issues, your Monmouth franchise lawyer can represent your legal interests in such a lawsuit.

Filing a Trade Dress Infringement Lawsuit

When someone infringes upon your trade dress, you may claim that this infringement has damaged your product's unique design. In a trade dress infringement lawsuit, your Monmouth franchise lawyer will have to show:

• that you are the rightful owner of the trade dress;
• that someone has, either intentionally or unintentionally, used a confusingly similar design, which resulted in infringement; and
• that you have suffered damages as a result of the infringement.

If your Monmouth franchise lawyer can show that the infringement has hurt your business economically, a court may decide to award you financial compensation. The amount of compensation will be based on the amount of the damages that you have suffered.

If it is determined that the infringing party has intentionally copied your trade dress, they may be ordered to forfeit the profits that have been made with your design. Furthermore, the guilty party may be ordered to pay punitive damages and fines as well as your attorney's fees.

Contacting a Monmouth Franchise Lawyer

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get Monmouth franchise lawyer Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New Jersey and how he assists entrepreneurs franchise their business nationwide.

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