The Elements for the Claim of Trade Dress Infringement of Product, Unfair Competition and Deceptive Trade Practices (NRS 598.0915)

The elements for the claim of Trade Dress Infringement of Product, Unfair Competition and Deceptive Trade Practices (NRS 598.0915) are:

  1. Plaintiff has used the words and mark [DESCRIBE] in conjunction with the sale of the goods and services [DESCRIBE] since [DATE] in [GEOGRAPHIC AREA] (the “Mark”);
  2. The Mark is distinctive and a “famous mark”;
  3. Defendants’ acts as alleged herein have diluted and will, unless enjoined, continue to dilute and are likely to dilute the distinctive quality of the Mark;
  4. Defendants’ acts constitute infringement, misappropriation, false representation as to affiliation, misuse of Plaintiff’s product trade dress, unfair competition, and unjust enrichment of Defendants; all in violation of Plaintiff’s rights at common law and under the law of the State of Nevada;
  5. Defendants’ acts have harmed Plaintiff’s reputation, severely damaged Plaintiff’s goodwill, and upon information and belief, have diverted sales from Plaintiff;
  6. Defendants’ acts have caused and will continue to cause great and irreparable injury to Plaintiff and, unless said acts are restrained by this Court, Plaintiff will continue to suffer great and irreparable injury;
  7. Plaintiff has no adequate remedy at law;
  8. Plaintiff has suffered damages; and
  9. Plaintiff is entitled to an award of attorney fees and costs as damages.

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