To succeed on a claim of trade-dress infringement, what must Natalia prove?

A) The trade dress is primarily nonfunctional, inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.
B) The trade dress is inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.
C) The trade dress is inherently distinctive, has secondary meaning, and the alleged infringement creates a likelihood of confusion.
D) The trade dress is primarily nonfunctional, and the alleged infringement creates a likelihood of confusion.
E) Likelihood of confusion.

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Rankin Houser · Accepted Answer

Final Answer : A, Explanation :  To succeed on a claim of trade-dress infringement, Natalia must prove that the trade dress is primarily nonfunctional, inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion. Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. Nonfunctionality ensures that the trade dress does not protect purely functional aspects of the product, inherent distinctiveness or secondary meaning indicates that the trade dress serves to identify the product's source, and likelihood of confusion assesses whether consumers are likely to mistake the origin of the products due to the similarity in trade dress.

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