Concerning restaurant design, does trade press protection apply if the business is closed? I think this loction has a great design and would...

Question

Concerning restaurant design, does trade press protection apply if the business is closed? I think this loction has a great design and would like to copy it, but know I can't. For how long should a business be closed before I could use that design? Currently, the business is closed and for sale but after 9 months have not found a buyer. Thanks for any advice.

Answer

As a Franchise Attorney I can say as follows. I think you're talking about "trade dress," not "trade press" protection. Normally "abandonment" is grounds to cancel an existing registration. But this is if a registration, in fact, exists. Abandonment is also a defense to trademark or trade dress infringement. However, all surrounding facts and circumstances need to be considered before taking any action. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation