Jump to Navigation

Tampa Trade Dress Litigation Lawyers

With more than 30 combined years of experience, the Tampa trade dress litigation attorneys of Steele Law Group, P.A., have handled various trade dress matters. They are familiar with the complex legal issues that arise in establishing or defending against infringement. The firm does not handle administrative trademark and intellectual property matters for individuals. Steele Law Group, P.A., represents in-house counsel, in- and out-of-state businesses with trade dress disputes in Florida, and other referring attorneys throughout Southern Florida.

Trade Dress

Trade dress is a slogan, design or visual symbol, or other mark that identifies a business as a source of a given product. It can include aspects like colors, shapes and other very basic elements.

For a plaintiff to win a trade dress infringement, the original trade dress must be:

  • Distinctive: The original product or packaging in question must be sufficiently distinct in and of itself to be considered a trademark. If the original is too common to be distinguished, there can be no likelihood of confusion necessary for infringement. Trade dress items can be either inherently distinctive, or obtain this distinctiveness through secondary meaning, when the public sees the trade dress as identifying the source of the product rather than the product itself.
  • Non-functionality: For an element of a product to be a trade dress, rightly understood, it needs to be more identifying than functional. If a trade dress is primarily functional, the dispute becomes more of a matter for patent infringement.

Once a plaintiff shows that the original is distinctive enough and primarily non-functional, similarity is the primary issue. The defendant product needs to be confusingly similar in appearance so as to cause the likelihood of confusion.

Damage Awards Available in Trade Dress Litigation

A trade dress litigation plaintiff can petition the court for injunctive relief and damage awards that include:

  • Actual damages
  • The defendant's profits
  • Attorney fees

St. Petersburg Trade Dress Infringement Attorneys

Steele Law Group, P.A., does not take consumer cases, cases on contingency, wrongful discharge cases or gender discrimination cases. Steele Law Group, P.A., takes cases for businesses, in-house counsel and other referring attorneys throughout southern Florida.

For arrange for a consultation with a lawyer from Steele Law Group, P.A., e-mail the firm or call 813-223-2060.

Terms of Use

The commentary, information, opinions, and analyses conveyed on this site by Steele Law Group, P.A. ("SLG"), do not constitute legal advice and shall not be construed as such. The content of the website may or may not be updated on any regular basis, so you should not assume that such content is current.

This letter confirms that your access of SLG's website, and your review of the content of that website:

1. Creates no attorney-client relationship privilege of any kind between SLG, or any employee of SLG, and you;

2. Creates no obligation, express or implied, for SLG, or for any employee of SLG, to keep confidential any information disclosed by you to SLG;

3. Imposed no obligation, express or implied, for SLG, or for any employee of SLG, to refrain from representing any person or business entity in any dispute involving (i) any confidential information disclosed by you to SLG or (ii) any person or business entity identified by you during your access of SLG's website;

4. Creates no obligation, express or implied, for SLG to update the commentary, information, opinions, or analyses published on its website;

5. Establishes or creates no warranty of the accuracy or reliability of any commentary, information, opinions, or analyses published on its website; or

6. Implied that the website, or its content, is sponsored by, affiliated with, or approved by, directly or indirectly, the American Bar Association ("the ABA") or any section of the ABA, The Florida Bar (or any section of The Florida Bar), the Business Law Section of The Florida Bar (or any committee of the Business Law Section), or any other section, subsection, committee, or subcommittee of the ABA or The Florida Bar.

Your access or use of SLG's website does not create or establish an attorney-client relationship. Very specifically, SLG will not provide legal advice to you unless and until you have entered into an attorney-client relationship with SLG in accordance with the "Client Engagements" section of this website.

Copyright Notice

All postings and other related content on SLG's website are the exclusive property of Thomas T. Steele, and they are protected by federal copyright law. Thomas T. Steele expressly prohibits the copying, in whole or in part, of any protected commentary, information, opinions, or analyses published on this website.

Client Engagements

If you want to enter into an attorney-client relationship with SLG, we must first:

(1) Clear conflicts of interest. You do not want to disclose any additional sensitive information to SLG, or to any employee of SLG, if SLG already represents a party adverse to you.

(2) Enter into a signed engagement letter between you and SLG. That engagement letter will outline critical non-financial terms, the scope of the engagement, and the financial terms of the engagement, including but not limited to whether those terms (i) involve a retainer, (ii) are predicated upon an hourly rate, or (iii) involve a contingent-fee arrangement.

SLG assists clients every day who have problems related to business transitions, employment terminations, and other competitive disputes. In particular, SLG represents and advises employees, agents, independent contractors, and other persons about the validity and enforceability of restrictive covenants in Florida. Given the fact-specific nature of that advice, SLG renders such advice only in written opinion letters signed by Thomas T. Steele. Any such advice not set forth in a writing signed by Thomas T. Steele is null and void and must not be relied upon for any purpose. Please write or telephone me about whether an attorney-client relationship makes sense for you on the facts of this dispute.