Spilling the Beans on Trade Dress : Whether Trade Dress Protection Gives Rise to Liability Under a Section 32 Claim on Trademark Infringement.

Journal article

1 online resource (pages 400)

Section 32 of the Lanham Act serves as the foundation of a brand’s reputation and identity, protecting the look and feel of a product by holding those liable who intend to illicitly capitalize on the brand’s identified marks. Trade dress is a type of trademark that can further safeguard the distinctiveness and functionality of a product’s elements. The importance of trade dress is designed to protect a business that aims to differentiate itself amongst its competitors in a relevant marketplace. The goal is to ensure loyalty amongst competitors in the marketplace and establish integrity to consumers. Nespresso and Peet's Coffee are two prominent competitors in the coffee market. This article begins by establishing the background and significance of trademark law when it comes to the trade dress protection of a brand’s reputation and a consumer’s expectations. This article will then dive into the case of Nespresso v. Peet’s Coffee, examining Nespresso's federal claims of trademark infringement against Peet's Coffee, and how Peet’s Coffee capsules have allegedly caused consumer confusion when it created its own coffee capsules in a similar product design to Nespresso's capsules. This article will review the likelihood of success for Nespresso’s claims and whether Peet’s infringed on Nespresso’s capsules, by considering the factors of trade dress such as the distinctiveness and functionality of Nespresso's capsules, and the likelihood of consumer confusion when considering the coffee capsule market. Additionally, this article will address the potential implications that can arise from this lawsuit on the entire coffee industry and how raising certain federal trademark lawsuits may cross into the sectors of anticompetition. There are complexities when it comes to trademark infringement cases, especially when the goals of loyalty and integrity must balance with the constantly evolving marketplace and consumers with higher expectations. However, this article will show how to overcome those challenges businesses may encounter when it comes to protecting their brand’s identity, specifically when it comes to Nespresso’s coffee capsules.

Crossref

John Marshal Review of Intellectual Property Law, Volume 23, Issue 1, 2024, page 400.

John Marshal Review of Intellectual Property Law

[Chicago, Illinois] : UIC Review of Intellectual Property Law, 2024.

English

https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1528&context=ripl

External Online Journals > The John Marshall Review of Intellectual Property Law