Trade dress infringement?

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Trade dress infringement?

I need help determining if two former employees of mine, who have just opened a retail store which appears to be a copy of mine in the same geographic area, are infringing on my trade dress. One of the employees had previously entered into a sale agreement with me and had been given confidential company info related to the sale, which fell through. I read parts of Best Cellars Inc. v. Grape Finds at Dupont Inc, and am thinking I may have a case against the new store, and am wondering if it would be in my best interests to pursue it. I appreciate any advice you can give me.

Asked on June 20, 2009 under Business Law, Maine

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Cases like this are very sensitive to the detailed facts.  I'm not familiar with the Best Cellars case, as I don't practice in Maine, and this is an area where the law can differ from one state to another. So while I certainly can't say that you have a case, I think you should have a lawyer in your area review all of the facts, for advice you can rely on.

The best decisions are usually made with the best information.  Find out what your options are, the advantages and disadvantages of each, so you can make an intelligent choice.  One place to find a lawyer who can give you the information on the law is our website: http://attorneypages.com


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