Trade dress must create visual impression on consumers to warrant protection

United States of America

In Fair Wind Sailing Inc v Dempster, the US Court of Appeals for the Third Circuit has affirmed the dismissal of the plaintiff’s trade dress and unjust enrichment claims, finding, among other things, that the claimed trade dress was "a hodgepodge of unconnected pieces of its business, which together do not comprise any sort of composite visual effect". However, the court vacated the district court’s award of attorneys’ fees.

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