Simple English definitions for legal terms
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Trade Dress: The way a product looks, including its packaging and design. It helps people recognize where the product comes from. It can be protected like a trademark, but most of the time it doesn't need to be registered.
Definition: Trade dress refers to the design and appearance of a product or its packaging that helps consumers identify the source of the product. It can include the shape, color, texture, graphics, and other visual elements that make a product unique.
For example, the distinctive shape of a Coca-Cola bottle or the red and white color scheme of a Target store are both examples of trade dress. These elements help consumers recognize the brand and distinguish it from competitors.
Trade dress can be protected under the Lanham Act, which is a federal law that governs trademarks and unfair competition. To be protected, trade dress must serve the same source-identifying function as a trademark. This means that consumers must associate the trade dress with a particular brand or company.
While it is possible to register trade dress as a trademark, many companies choose not to do so because trade dress can be protected without registration under the Lanham Act. This can be more practical and cost-effective for businesses.