15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a)) is a type of intellectual property under US law that protects the visual appearance of a product or its packaging. Trade dress can include the shape, color, packaging, texture, graphics, or any combination of these elements. Trade dress is usually used to differentiate a product from others in the same category, and can be a key factor in a customer's decision to purchase a product. There are two types of trade dress: distinctive trade dress and non-distinctive trade dress. Distinctive trade dress is more likely to be protected under the law than non-distinctive trade dress. For trade dress to be protected, it must be non-functional, have acquired distinctiveness, and not create confusion with another product.
15.3 Definition-Trade Dress (15 U.S.C. Sec. 1125(a)) is a type of intellectual property under US law that protects the visual appearance of a product or its packaging. Trade dress can include the shape, color, packaging, texture, graphics, or any combination of these elements. Trade dress is usually used to differentiate a product from others in the same category, and can be a key factor in a customer's decision to purchase a product. There are two types of trade dress: distinctive trade dress and non-distinctive trade dress. Distinctive trade dress is more likely to be protected under the law than non-distinctive trade dress. For trade dress to be protected, it must be non-functional, have acquired distinctiveness, and not create confusion with another product.
