Trade Dress Through a Trial Lens: Six Strategy Tips For Litigants

Trade dress cases—and brand disputes, generally—often resolve short of trial. Of 5,354 trade dress claims filed over the last five years, only 88 were tried to verdict. Given the rarity of trial, trade dress cases are often litigated with an eye towards pre-trial pressure points such as mediations or settlement conferences, major discovery deadlines, or dispositive motion deadlines. Ultimately, however, the best approach to settling disputes is to prepare the case for trial.