trade dress
trade dress n: the overall image of a product used in its marketing or sales that is composed of the nonfunctional elements of its design, packaging, or labeling (as colors, package shape, or symbols)
◇ Trade dress is protected by the Trademark (Lanham) Act of 1946 if it is not a functional part of the product, has acquired secondary meaning, and there is likelihood of confusion as to the source of the product on the part of the consumer if a competing product has a similar trade dress.

Merriam-Webster’s Dictionary of Law. . 1996.

trade dress
n.
The appearance and image associated with a particular product, including labels, colors, size, shape, and advertising techniques unique to the product.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


trade dress
Various design elements used to promote a product or service. For example, trade dress includes the unique shape of a bottle, the color of a pill, or the decorative elements within a chain restaurant. Trade dress can be protected under trademark law if it is distinctive and a showing can be made that the average consumer would likely be confused as to product origin if another product had a similar appearance.
Category: Patent, Copyright & Trademark → Trademark Law

Nolo’s Plain-English Law Dictionary. . 2009.

trade dress
USA
The total image or overall appearance of a good or service, for example, a product's packaging, or the design of a product, a product feature or a combination of product features. Trade dress that serves to identify and distinguish the source of goods or services may be protected as a trademark or service mark if it is both:
• Distinctive (capable of identifying and distinguishing the source of the relevant goods or services).
• Non-functional (not essential to the use or purpose of the product or service or affecting its cost or quality).
For further information on trademark protection, see Practice Note, Intellectual Property: Overview: Trademarks (www.practicallaw.com/8-383-4565).

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


trade dress
A product's physical appearance, including its size, shape, color, design, and texture.

Dictionary from West's Encyclopedia of American Law. 2005.


trade dress
A product's physical appearance, including its size, shape, color, design, and texture.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

Look at other dictionaries:

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