Trade dress

Here’s What Happened: “Dupes” are products that look and work like a popular item. In the cosmetic industry, dupes can give consumers on a budget access to products that they might not otherwise be able to afford.  Benefit Cosmetics LLC sells mascara using the trademark “Roller Lash” that includes an applicator known as a “Hook […]

In Brief:  Trade dress protection is not available for functional elements of a product.  Here’s What Happened:   PIM Brands, Inc. makes candy. So does Hairbo of America Inc. About 20 years ago, PIM started selling a chewy sour candy it called “Sour Jack Wedges”. The candy looked like a watermelon edge, complete with the […]