Lana Ciaramella writes an article on trade dress infringement. Her article discusses the standards of trade dress infringement, how they are applicable to private label products and how the courts have modified their view of trade dress infringement over time. She focuses on the landmark decision in McNeil Nutritionals, LLC v. Heartland Sweetners, which set a new precedent for treatment of trade dress infringement by private label manufacturers of brand name products.
How Close Is “Too Close”,
2 Pace. Intell. Prop. Sports & Ent. L.F.
Available at: http://digitalcommons.pace.edu/pipself/vol2/iss1/11