- trade dress
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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. Merriam-Webster. 1996.
- trade dress
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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. Amy Hackney Blackwell. 2008.
- trade dress
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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. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- trade dress
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USAThe 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. www.practicallaw.com. 2010.
- trade dress
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A product's physical appearance, including its size, shape, color, design, and texture.
Dictionary from West's Encyclopedia of American Law. 2005.
- trade dress
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A product's physical appearance, including its size, shape, color, design, and texture.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
