Trade dress constitutes the distinctive look of a product or its packaging. The distinctive elements must be more than merely utilitarian. Famous examples of trade dress are the distinctive shape and color of Coca Cola’s red bottle. Elements of trade dress and can include colors, package design, fonts, smell, three-dimensional shape and other elements that make a product or its packaging distinctive to consumers.
Trade dress law is the legal protection for trade dress protected by statute. If you need advice regarding protecting trade dress or believe that someone may be infringing upon the trade dress please take advantage of our experience in this area of law.