Trade Dress Infringement
Trade dress is the total image of a product, the overall impression created. To establish a claim for trade dress infringement, the plaintiff must show:
(1) the trade dress is inherently distinctive or has acquired distinctiveness through secondary meaning;
(2) the trade dress is nonfunctional; and
(3) imitation of the trade dress would result in likelihood of confusion in consumer's minds as to the source of the product.
Gateway, Inc. v. Companion Products, Inc., 384 F.3d 503 (8th Cir. 2004).
