Trade dress, like traditional trademarks and service marks, is accorded protection to the extent that the trade dress serves as a unique source-identifier and is not functional. Subject matter as varied as the conduct of a trade show and the appearance of the interior of a restaurant have been held protectable as trade dress.
Products can also acquire trade dress protection even if composed entirely of unprotectable components. Both product and package trade dress are able to be registered on the trademark register of the Patent and Trademark Office. To gain protection, the claimed trade dress must also be either inherently distinctive or have acquired distinctiveness.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
