Trade Dress
What does "Trade Dress" mean in law?
Trade dress refers to the overall commercial image or total visual impression of a product or its packaging that serves to identify the source of the product to consumers. Protectable under section 43(a) of the Lanham Act, trade dress can encompass features such as size, shape, color combinations, texture, and graphics. To receive protection, trade dress must be (1) inherently distinctive or have acquired secondary meaning and (2) non-functional, meaning the features are not essential to the product's use or purpose and do not affect its cost or quality. In Apple v. Samsung, Apple's claims included trade dress arguments regarding the distinctive appearance of the iPhone's design.
Definition
Trade dress refers to the overall commercial image or total visual impression of a product or its packaging that serves to identify the source of the product to consumers. Protectable under section 43(a) of the Lanham Act, trade dress can encompass features such as size, shape, color combinations, texture, and graphics. To receive protection, trade dress must be (1) inherently distinctive or have acquired secondary meaning and (2) non-functional, meaning the features are not essential to the product's use or purpose and do not affect its cost or quality. In Apple v. Samsung, Apple's claims included trade dress arguments regarding the distinctive appearance of the iPhone's design.
Example
The distinctive shape of the Coca-Cola bottle is a classic example of protectable trade dress because consumers associate that unique contoured silhouette with the Coca-Cola brand, and the shape serves no functional purpose.