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Identifying online trade dress infringement

On Behalf of | Apr 8, 2022 | Intellectual Property

In recent decades, organizations have taken steps to improve their online presence. From introducing the company to new markets to encouraging continued support from a dedicated consumer base, the organization’s growth and profitability is directly tied to a strong online presence. Unfortunately, many organizations must fight seemingly relentless competitors in the digital marketplace.

While a complex topic, trade dress infringement was historically fought centering on the physical properties of objects. Did a competitor create a product that looks too similar to an existing product? Did a competitor use packaging or marketing techniques designed to resemble a popular, well-established product? As more businesses move to online marketing, similar questions exist.

What are some examples of trade dress infringement?

A company’s online presence exists in countless facets. From the design of the website to fonts used on social media, a company must fight to secure their unique identity in an increasingly crowded online market. An organization must remain diligent in numerous areas, including:

  • Site layout
  • Fonts
  • Music
  • Imagery
  • Logo
  • Video editing techniques
  • Lookalike video titles
  • Banner design

It is not uncommon for an upstart company or a struggling organization to create a lookalike tone and style that is based on a successful competitor. While using someone’s established brand for inspiration is one thing, creating an online presence that looks too much like another organization is a legal hazard. As a business owner, it is your duty to ensure the organization is protected against copycat products, websites, videos and marketing efforts. It is imperative that you take action immediately when you discover a lookalike site.