H. G. v. M. W. Inc., 8th Cir. 2023
The case of H. G.
Does M. W. Inc.’s packaging of its snack bars constitute trade dress infringement under the Lanham Act by creating a likelihood of consumer confusion with H. G.'s established product packaging?
Under the Lanham Act, trade dress infringement requires the plaintiff to prove that: (1) the trade dress is inherently distinctive or has acquired distinctiveness through secondary meaning, (2) the trade dress is non-functional, and (3) there is a likelihood of confusion among consumers regarding the origin of the goods.
The court held in favor of H. G., finding that its trade dress possessed secondary meaning, was non-functional, and that M. W. Inc.'s packaging created a likelihood of consumer confusion with H. G.'s established brand.
This case is significant as it offers a clear articulation of the test for trade dress infringement, emphasizing the importance of secondary meaning and non-functionality. It further clarifies the boundaries of packaging design that can be protected under trade dress law, especially in competitive markets like the food industry where packaging is a crucial element of brand identity. The decision highlights how companies can protect their market position by securing trade dress rights, thus acting as a cautionary tale for new entrants seeking to differentiate their products.