Trade dress constitutes the distinctive look of a product or its packaging. The distinctive elements must be more than merely utilitarian. Famous examples of trade dress are the Tiffany blue box, or the distinctive shape and color of Coca Cola’s red bottle. Trade dress is protected by statute. Adoption of another’s business’s trade dress may be infringing if it confuses potential customers as to the origin of the goods.
If you need advice regarding protecting trade dress, call Fred Gaston at 619-398-1883.
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