An IP Trifecta For Production Configurations

Law360, New York (May 6, 2010, 12:18 PM EDT) -- When considering the substantial cost associated with patent litigation, the search for a viable enforcement alternative becomes paramount. One option is to seek and enforce intellectual property protection for the particular "look and feel" of a product, as opposed to its function. For example, the specific shape or configuration of a product may be protected through trade dress.

Some well-known examples of product configuration trade dress include the shapes of a Coke bottle and an iPod. Trade dress protection has also been obtained for pharmaceutical products,...
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