Trade Dress
The visual appearance of a product or its packaging that identifies and distinguishes the source of the product, protectable under trademark law when distinctive.
Encyclopedia entry: Trade Dress
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trade dress
A trade dress is the design and shape of the materials in which a product is packaged. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress.
The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark . It is possible to register a trade dress as a trademark, but for practical reasons most trade dress and product configurations are protected without registration under 15 U.S.C. § 1125(a) .
See also: Trade Dress Under the Law - Justia
[Last reviewed in June of 2024 by the Wex Definitions Team
]
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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.