Question

Jerry sued Kramer for a trade dress violation. In order for Jerry to prevail in his trade

dress infringement action, he must show certain things.
Which of the following is not a factor that Jerry must show in his trade dress
infringement action?
A) trade dress is nonfunctional
B) trade dress is distinctive
C) defendants trade dress is confusingly similar to plaintiffs trade dress
D) trade dress is functional

Answer 1

Jerry does not need to show that the trade dress is functional in his trade dress infringement action.

Step-by-step explanation:

In a trade dress infringement action, Jerry must show several factors to prevail. The factors that Jerry must show include: (1) the trade dress is distinctive, meaning it identifies the source of the product and is not functional; (2) the defendant's trade dress is confusingly similar to Jerry's trade dress, and (3) the trade dress is nonfunctional. Therefore, the answer to the question is D) trade dress is functional, as this is the factor that Jerry does not need to show in his trade dress infringement action.

Answer 2

Step-by-step explanation:

In order for Jerry to prevail in his trade dress infringement action, he must show that his trade dress is distinctive, nonfunctional, and that the defendant’s trade dress is confusingly similar to his own .

Therefore, the factor that Jerry does not need to show in his trade dress infringement action is D) trade dress is functional.

I hope this helps! Let me know if you have any other questions.