What is a trade dress violation?

Trade dress infringement occurs when one company uses trade dress similar enough to another’s to cause a “likelihood of confusion” in an ordinary buyer’s mind. The legal term “trade dress” refers to the general appearance of a product or its packaging that reveals its source to customers.

Can trade dress be protected from infringement?

Second, the trade dress must be shown as either being inherently distinctive or having obtained distinctiveness due to secondary meaning. Trade dress is protected because it serves as a source indicator – consumers need to be able to look at the product or its packaging and identify the brand or the manufacturer.

How do you prove a trade dress infringement?

To remove doubt, you can register your company’s trade dress with the U.S. Patent and Trademark Office. Otherwise, you must demonstrate that the trade dress is unusual, distinctive, fanciful or unique. You may also show that your customers identify your trade dress with your product or service.

Is trade dress a law?

Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Trade dress is an extension of trademark protection to “[t]he design and shape of the materials in which a product is packaged, [primarily].

Is trade dress considered intellectual property?

Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law.

What is the difference between trademark and trade dress?

Trade dress is a type of trademark that refers to the image and overall appearance of a product. Trademarks protect brands and the goodwill associated with the brand. A trademark is used to identify the source of goods or services and is used to distinguish the goods and services of one seller or provider from another.

What qualifies for trade dress?

Trade dress – a trade dress must be something that is distinctive and connects the consumer to the product, i.e. the consumer instantly recognizes the source of the trade dress. Unlike a design patent, it cannot be functional in any way. Design features that have a function should be protected with a design patent.