Abstract
The competitive environment of national and private brands may be substantively changing because of a confluence of events in the marketing and legal environments for branding. A 1994 trademark case has paved the way for a new private branding opportunity: parallel branding. A parallel brand closely imitates the trade dress and form of a national brand, while avoiding a trade dress infringement suit by simply coupling the imitative trade dress with an invitation to compare the two products. This article examines the current legal environment that surrounds trade dress and analyzes different managerial strategies for members of the distribution system in light of parallel branding.
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