Trade dress

Trade Dress

Trade Dress is defined as the design and shape of the materials in which a product is packaged.  Product configuration, which amounts to the design and shape of the product itself, may also be considered a form of trade dress.

The Lanham Act protects trade dress if it functionally serves the same source-identifying function as a trademark.  It is possible to register trade dress as a trademark, but for practical reasons most trade dress and product configurations are protected without registration under 15 U.S.C. § 1125(a).

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