Trade dress over counter supplement

Market Analysis                

False Advertising/Confusion

Secondary Meaning

Trademark Confusion

  • Trade dress of over-the-counter dietary supplement blurs the distinction between house and national brands

    Following the redesign of a house branded product, Mind/Share was retained during the pre-filing phase of this case to conduct in-depth consumer interviews in order to determine whether or not there was likely confusion between a national and house brands of a commonly available over-the-counter dietary supplement.  The research found a high level of confusion in which consumers believed that both house and national brands originated from the same source when in fact they did not.  Owing to the strength of the findings, the owner of the house brand agreed to a re-design of their packaging.

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