The following categories are an objective summary based on public U.S. federal court records and USPTO data, describing types of conduct that have been alleged as IP infringement in filed cases. This is not legal advice and is not a substitute for attorney analysis of specific situations.
Public case records show that Lanham Act trademark claims typically involve: using in commerce a mark identical or confusingly similar to a registered trademark. USPTO's TESS database records trademark registration status; registration status does not determine litigation outcome, but is a key foundation for plaintiff claims.
In public court decisions, "likelihood of confusion" is a central legal standard in trademark cases. Courts typically consider multiple factors including the similarity of marks in appearance, meaning, and sound, and the relatedness of goods/services (see the "DuPont factors").
Copyright claims often involve product images, text descriptions, or logo designs used in listings. Public cases (e.g. ZULAY-type cases) show that listing images containing copyrighted text or graphic elements are common targets for copyright claims.
Design patents protect the ornamental appearance of a product. Public case records indicate that products visually similar to a granted design patent can become targets for design patent litigation. Design patent information is publicly searchable via USPTO databases.
Trade dress protects the distinctive visual appearance of a product or its packaging. Public cases show that color combinations, packaging styles, and product shapes that are visually similar to well-known brands have sometimes been included in litigation claims.