$23.8M Award Underscores Trade Dress Risk for Packaging
A significant disgorgement award for infringement of ice cream packaging design serves as a potent reminder for brand owners to protect and enforce their trade dress rights.
A nearly $24 million disgorgement award in a dispute over ice cream packaging has underscored the significant financial risks associated with trade dress infringement. The decision reinforces the value of a product's packaging and overall configuration as a protectable intellectual property asset for brand owners. For companies, particularly in the competitive consumer packaged goods sector, the ruling is a powerful reminder that distinctive branding extends beyond logos and names to the "look and feel" of a product on the shelf. Sophisticated counsel should advise clients that this substantial award may embolden rights holders to more aggressively police and litigate against copycat packaging. The key takeaway is the need for rigorous design clearance processes before launching new products and a proactive strategy to secure and enforce trade dress rights. Brand owners should assess whether their own packaging has acquired the distinctiveness necessary for protection and consider registration to strengthen their market position.