Like trademarks, a product’s trade dress is legally protected by a federal statute that regulates trademarks and trade dress (the Lanham Act). Trade dress protection is intended to protect consumers from packaging or appearance of products that are designed to imitate other products; to prevent a consumer from buying one product under the belief that it is another. For example, the design and shape of the materials in which a product is packaged can be protectable trade dress, as can the shape, color, and arrangement of the materials of a children's line of clothing (though, the design of the garments themselves is not protected), the composition of a periodical publication cover, and the look and ornamentation of a chain of restaurants.
If you have a question about trade dress, please submit your information via the form on this webpage.
Contact Abington Cole + Ellery: