1 Elements and Case Citations
- Plaintiff is the prior user of the trade dress;
- Plaintiff’s trade dress is inherently distinctive or has acquired secondary meaning;
- The features of the plaintiff’s trade dress are primarily non-functional; and
- Plaintiff’s and defendant’s trade dress are confusingly similar.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.