Trade Dress - Nin Jiom Chinese Medicine packaging

 

Lookalike on the left took the unprotected element - background motif, red lavel and black panel.  Uses its own name.  This would be give rise to a passing off action in Australia where the product is found.  But this would not be available in Indonesia.  A cease and desist letter might do the job against the look alike.

One on the right is the original

Trade dress protection 2

Breakdown the packaging into elements

How much can the imitation take legally? To create a lookalike….

How much can you prevent this

•How would competitor legimately steal the same look and feel?

Rework the design

Take our the memory lingering unprotected elements

Can you drop the “sitting duck”/”silver platter” design?

If it catches on with customers, the lookalike will steal

It will come back to haunt you, as a lookalike