Trade dress infringement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 15 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
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.