If we sue Neighborhood Watch for the intentional tort of trade dress infringement, we'd have to prove that: Best answer (1) the image on the box is directly related to the watch's functionality; (2) the image is distinctive and highly recognizable; and (3) Neighborhood Watch's use of a similar image causes actual confusion in a particular customer or customers about where the product comes from. Or (1) the image on the box isn't related to the watch's functionality; (2) the image is distinctive and highly recognizable; and (3) Neighborhood Watch's use of a similar image causes a likelihood of confusion about where the product comes from. Or (1) the image on the box is directly related to the watch's functionality; (2) the image is distinctive and highly recognizable; and (3) Neighborhood Watch's use of a similar image causes a likelihood of confusion about where the product comes from