A company's trademarks are often among its most valuable assets. A name, logo, slogan, product configuration, or other source identifier can embody years of goodwill and become inseparable from the reputation of the business itself. Yet many businesses still approach trademark protection as a discrete administrative task: select a name, file an application with the United States Patent and Trademark Office ("USPTO"), obtain a registration, and move on.

A recent federal court decision involving two ice cream brands offers a significant reminder that trademark protection can extend well beyond a company’s name and logo—and that the overall appearance of product packaging can become a valuable, enforceable intellectual property asset.