Trade Dress Through a Trial Lens: Six Strategy Tips For Litigants

By Christopher Larus, and William Manske

September 2, 2022

Trade dress cases—and brand disputes, generally—often resolve short of trial. Of 5,354 trade dress claims filed over the last five years, only 88 were tried to verdict. Given the rarity of trial, trade dress cases are often litigated with an eye towards pre-trial pressure points such as mediations or settlement conferences, major discovery deadlines, or dispositive motion deadlines. Ultimately, however, the best approach to settling disputes is to prepare the case for trial.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Christopher K. Larus


Chair, National IP and Technology Litigation Group

William E. Manske


Chair, Recruiting/Hiring Committee

Ellen Levish

Former Associate

Back to Top