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Alexander is a litigation attorney at Fenwick & West and focuses his practice on intellectual property litigation, supporting technology-based clients in trademark, trade secret, copyright and patent matters as well as other complex commercial disputes. Prior to joining Fenwick, Alex worked as an associate at a boutique law firm in downtown Los Angeles specializing in complex commercial litigation.
A developer asserting trade dress protection must, therefore, establish that a game’s design does not yield a utilitarian advantage by demonstrating that “the product feature serves no purpose other than identification of the game developer.” A developer must also identify alternative designs that offer the same functional features as the asserted trade dress. Alternative designs available to competitors ensure that a developer is not monopolizing a useful or aesthetically pleasing game feature.