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 14 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.
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