Trade dress

From Conservapedia
Jump to: navigation, search

Trade dress is the look and feel of a product, consisting of its shape, size, arrangement of colors, design label, graphics, texture or even technique for sales.

Trade dress does not protect functionality alone. But "[e]ven if individual elements of a trade dress are functional, their arrangement or combination may be 'arbitrary, fanciful, or suggestive' and thus deserve trade dress protection." Coach, Inc. v. We Care Trading Co., 67 F. App'x 626, 629 (2d Cir. 2002) (quoting Jeffrey Milstein, Inc. v. Greger, Lawlor, Roth, Inc., 58 F.3d 27, 32 (2d Cir. 1995)).