Desde la sutileza hasta el descaro: Imitando a los líderes del mercado (trade dress)

From subtlety to impudence: Imitating the market leaders (trade dress)

Is it worth to imitate or resemble the leader in the market; is this freedom of industry, commerce and work? Markets and consumers demand information and transparency. Packaging and containers, the appearance and forms or trade dress of the products are precisely suppliers and communicators of information, hence entrepreneurs make important efforts to develop and consolidate those elements that are essential in their relationship with consumers and for their differentiation with other competitors. There must be the possibility of entrepreneurs competing in freedom but without restricting or distorting or eliminating competition between them. We often see how some competitors launch products with “look and feel”, “the concept” or “trade dress” similar to other competitors and this activates sending “cease and desist” letters and procedural actions. Speakers will explain the doctrine that applies to these situations and in particular, cases and judicial decisions that will allow us to know trends regarding the protection of fair competition and how the trade dress evolves.