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Trade Dress at a Glance: Protecting the Look and Feel of a Product

On July 20, 2023 by Schnader in Publications

W. Drew Kastner, Stephenie Yeung, and Tim Hinton published an alert, “Trade Dress at a Glance: Protecting the Look and Feel of a Product.”

When it comes to safeguarding their consumer reputation, most companies recognize the value in their brand names, logos, slogans, and their associated goodwill, and the importance of protecting those assets. However, many neglect to take steps to protect their trade dress: the look and feel of a company’s product, packaging, or services.

Trade dress can be a powerful source-identifying tool: rather than protecting a specific name or logo, trade dress is about the “overall design and appearance” of a product and can include elements that may not be protectable on their own. Nora Beverages, Inc. v. Perrier Group of Am., Inc., 269 F.3d 114, 118 (2d Cir. 2001). Trade dress can come in many forms, and courts have upheld trade dress protection in colors, store layouts, and website designs.

Click here to read the full alert.

Category: Publications