Published July 11, 2008
by Aspen Publishers .
Written in English
|The Physical Object|
|Number of Pages||979|
Like a traditional trademark, trade dress is a form of commercial shorthand that provides a "source-associating cue" for the unthinking purchaser. However, unlike traditional trademark law that protects words or logos, trade dress law protects the total packaging and design of a product. Trade dress rights protect the “look and feel” or the overall appearance of products and their packaging. Through involvement in the development process with a client, we can help steer new products and services to successful launch, with associated establishment of enforceable exclusive rights. Functional aspects of trade dress cannot be protected under trademark law. For example, a company that claimed trade dress on a round beach table lost their rights when the Seventh Circuit determined that the towel design was primarily functional (despite the fact that the trade dress had been registered and had achieved incontestable status). Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual property. 2 United Kingdom. 3 United States. Statutory source. Formal registration.
connection with the book TRADE DRESS AND DESIGN LAW (Aspen ). It includes cases decided through August The law on designs in Europe, particularly under the Community Design system, has evolved significantly since Thus, the Chapter of the. What Is Trade Dress Protection? Trade dress is a term that describes a product or packaging's look and feel. While traditional trademark law protects words and logos, trade dress protects design. A publisher, for instance, might apply for trade dress protection for a book series' design. For trade dress to be protected, the public must be able to identify it through advertising, . and Lee, U.S. Trade Dress Law, A Primer for the New Millennium, (INTA, ). However, this paper focuses primarily on the current state of trade dress law, explaining the requirements and procedures for protecting trade dress and enforcing trade dress rights, and exploring some ways in which trade dress law can impact a franchise Size: KB. Book Trade Dress and Design Law (with M. Janis) () Graeme B. Dinwoodie, Chicago-Kent College of Law; Link Disciplines. Law; Publication Date. Publisher. Aspen Publishers Citation Information. Trade Dress and Design Law (Aspen.
Trade dress is sometimes considered product design. Trade dress law can sometimes protect the design configuration and shape of the product itself, although in some cases obtaining a design patent may be more appropriate than using trade dress protection. Trade dress can be protected through common law rights. Trade dress is a kind of trademark that protects the overall look and design of products and packaging. The outer reaches of trade dress have always been unclear. Now that we . Trade Dress: A product's physical appearance, including its size, shape, color, design, and texture. In addition to a product's physical appearance, trade dress may also refer to the manner in which a product is packaged, wrapped, labeled, presented, promoted, or advertised, including the use of distinctive graphics, configurations, and. By the authors of the popular casebook Trademarks and Unfair Competition Law and Policy, Trade Dress and Design Law is ideal as the main text for an advanced course on trade dress and designs, or as a supplement to a range of Intellectual Property courses. In a manageable size, Dinwoodie and Janis offer an integrated and focused treatment of the various forms of Cited by: 3.