Legal Definitions - get-up

The term get-up is another way of referring to trade dress. It describes the overall visual appearance and packaging of a product or service that consumers associate with a particular source or brand. This can include a wide range of elements such as the product's shape, size, color, texture, graphics, and even the specific way a product is presented or a service is delivered.

The primary purpose of protecting a product's get-up is to prevent competitors from using a similar appearance that might confuse consumers into thinking they are purchasing the original brand's goods or services. It helps consumers quickly identify and distinguish products and services in the marketplace.

Here are some examples to illustrate the concept of get-up:

• Example 1: A Specialty Beverage Bottle

  Imagine a premium brand of sparkling water sold in a tall, slender, frosted glass bottle with a distinctive embossed pattern, a unique cap design, and a minimalist label featuring a specific font and color palette. This entire combination of visual elements—the bottle's shape, texture, cap, and label design—constitutes the brand's get-up. If a competitor were to launch a sparkling water product in a very similar bottle with a nearly identical overall appearance, it could be seen as infringing on the original brand's get-up, as consumers might mistakenly believe they are buying the established premium product.

• Example 2: A Chain of Boutique Hotels

  Consider a well-known chain of boutique hotels that consistently uses a specific architectural style, a unique lobby layout with custom-designed furniture, a signature scent diffused throughout the common areas, and a particular color scheme for its interior decor. This consistent and distinctive combination of design elements across all its locations forms the hotel chain's get-up. Guests recognize and associate this unique ambiance with the brand's luxury experience. If a new hotel opened with an almost identical design, layout, and sensory elements, it could be seen as attempting to mimic the established chain's get-up to attract customers who are seeking that specific brand experience.

• Example 3: A Unique Snack Food Packaging

  Think of a popular brand of artisanal potato chips that comes in a distinctive, brightly colored, stand-up pouch with a matte finish, a specific crinkled texture, and a unique illustration style for its flavor variants. The particular shape of the bag, its tactile feel, the vibrant color scheme, and the artistic graphics collectively form the product's get-up. Consumers quickly identify this specific packaging with the brand's gourmet chips. If another chip manufacturer were to introduce a product using a very similar pouch design, color palette, and graphic style, it could potentially confuse consumers into thinking the new product is from the original artisanal brand, thereby infringing on its protected get-up.