Apollo v. Sol de Janeiro Sets Trade Dress Limits for Dupe Product Markets
In-house brand and IP counsel for consumer product companies must review their trade dress protection strategies because the Apollo v. Sol de Janeiro ruling clarifies packaging trade dress boundaries amid growing dupe product competition, reducing risk of costly enforcement missteps.
The July 2026 IP Litigator article co-authored by BakerHostetler’s Susan Kayser and Keehle Amicon analyzes the recent Apollo v. Sol de Janeiro decision, which set new limits on trade dress protection for consumer product packaging amid surging dupe product markets. The piece outlines how the ruling narrows the scope of protectable packaging trade dress, and provides practical guidance for brand teams to assess enforceability of existing packaging trade dress, adjust dupe product enforcement strategies, and mitigate litigation risk when pursuing or defending related trade dress claims.