Trademarks, Service Marks, and Trade Dress

Kirton McConkie represents clients in trademark, service mark and trade dress disputes of all variety including trademark infringement, trademark dilution, false advertising, unfair competition, gray market disputes, Lanham Act claims, domain name litigation, deceptive trade practices, right of publicity and advertising litigation.

We represent clients in such disputes in both federal and state courts throughout the United States and before international bodies. Our IP lawyers assist clients in navigating complex trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board and similar international agencies.

We are also experienced in handling domain name disputes before international panels through UDRP proceedings and in United States federal courts.  We help consumer products based clients with counterfeiting issues and trademark policing.

Our intellectual property attorneys have obtained significant outcomes in the form of jury verdicts, temporary restraining orders, preliminary injunctions and permanent injunctive relief. 

The term “trade dress” generally refers to the total image, design and/or visual appearance of a product or a service and may include features such as size, shape, texture, color, color combinations, sounds, graphics, packaging, labeling and even particular sales techniques.

Trade dress rights arise by virtue of the way a product or service is presented to a customer. In this respect, the development and protection of trade dress is somewhat unique relative to other intellectual property disciplines.

The combination of elements in which a product or service is packaged or presented to a buyer constitutes protectable trade dress. Taken as a whole, the combination of elements is capable of exclusive legal rights as trade dress by identifying the origin or source of a product or service.

Kirton McConkie has the skills, experience and resources to help you acquire and protect the comprehensive gamut of intellectual property rights available. In particular, we can assist in the protection of trade dress as one of many arrows in your intellectual property quiver.