What is protectable trade dress?
Trade dress is a type of a trademark. Therefore, it follows that if trade dress is not registered, it is still protectable under the Lanham Act, as long as the trade dress owner can show distinctiveness and that it is nonfunctional.
What is considered trade dress?
Trade dress is the commercial look and feel of a product or service that identifies and distinguishes the source of the product or service. It includes the various elements (such as the design and shape of materials) used to package a product or services.
What is trade dress in pharmaceuticals?
“Trade dress” is the concept that underlies labeling and packaging issues for the pharmaceutical industry. Trade dress refers to how the drug package actually looks. The imperatives of trade dress are an important part of the culture of each company.
How do you prove a trade dress?
In order to demonstrate secondary meaning, also known as acquired distinctiveness, the plaintiff should show:
- Long use of the trade dress in commerce,
- Examples of media coverage,
- Consumer surveys and testimony demonstrating that consumers recognize the trade dress as belonging to the owner, and.
- Advertising expenditures.
Is trade dress protected under Lanham Act?
The Lanham Act protects trade dress if it 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. ยง 1125(a).
What is trade dress give an example?
Some of the famous trade dress are the shape of a coca-cola bottle, grills of the Rolls Royce car. With growing competitors, trade dress provides a new forum to secure the aspect of distinctiveness. The illiterate consumers can even differentiate the product based on the packaging.
What is the function of trade dress?
The Court said trade dress is functional (1) when the claimed design is essential to the purpose of the article or affects the cost or quality of the article, or (2) if it is competitively necessary to use the feature of the design in the relevant market.
Is trade dress a legal term?
Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Trade dress is an extension of trademark protection to “[t]he design and shape of the materials in which a product is packaged, [primarily].
Can trade dress be protected if not registered with Uspto?
Trade dress may thus be protected and enforced under the Lanham Act, whether it is registered or unregistered, similar to trademarks and service marks (though there are important distinctions, as discussed in this practice note).
Can trade dress be protected from infringement?
Just like trademarks and patents, companies can register their trade dress with the United States Patent and Trademark Office, (USPTO). Doing so allows companies to protect their trade dress in federal court from infringement.
What does the Lanham Act regulate?
The Lanham Act is a federal statute that governs trademarks, service marks, and unfair competition. It was passed by Congress in July 5th, 1946, and then signed into law by President Harry S. Truman.