Trade Dress Protection Not In Great Shape For Great Shapes

Law360, New York ( May 19, 2015, 2:59 PM EDT) -- The primary line of defense for defending shapes and configurations is the design patent. Monday's decision in Apple Inc. v. Samsung Electronics Co. Ltd. , 2014-1335, 2015-1029 (CAFC May 18, 2015), illustrates that plan B, namely trade dress, infringed Apple's trade dress as well. A jury awarded Apple nearly $1 billion in damages: $548 million for the design patents, and $382 million for the trade dress. . . .

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