The Role of Consumer Perception in Establishing Trade Dress Protection for Fashion Products
Author – Shubham Mahadeo Walunj, Student at Savitribai Phule Pune University, Pune
Best Citation – Shubham Mahadeo Walunj, The Role of Consumer Perception in Establishing Trade Dress Protection for Fashion Products, ILE INTELLECTUAL PROPERTY AND CORPORATE LAW REVIEW, 2 (1) of 2023, Pg. 25-31, ISSN – 2583–6153.
Abstract
Trade dress protection is crucial for businesses operating in the fashion industry, as it allows them to protect the unique appearance of their products from imitation by competitors. However, establishing trade dress protection can be challenging, as it requires demonstrating the distinctiveness and non-functionality of the product’s appearance. One important factor in establishing trade dress protection is consumer perception.
This article examines the role of consumer perception in trade dress protection for fashion products, including the importance of distinctiveness and non-functionality, the use of consumer surveys to establish perception, and the impact of the Lanham Act on establishing consumer perception. The article also explores the challenges of establishing consumer perception, including the relationship between trade dress and trademark protection, the impact of brand recognition, and the difficulty of maintaining consistent use of trade dress.
The article analyses relevant case law related to consumer perception in trade dress protection for fashion products, including key takeaways from the cases. Finally, the article discusses the impact of fast fashion on consumer perception and trade dress protection and strategies for protecting trade dress in the fast fashion environment. Overall, this article emphasizes the importance of consumer perception in establishing trade dress protection for fashion products and provides guidance for fashion brands and designers seeking to protect their unique product designs.
Keyword: Trade dress, fashion products, consumer perception, fast fashion, trademark protection, brand recognition, consumer surveys.