trade dress

trade dress. Trademarks. The overall appearance and image in the marketplace of a product or a commercial enterprise. • For a product, trade dress typically comprises packaging and labeling. For an enterprise, it typically comprises design and decor. If a trade dress is distinctive and nonfunctional, it may be protected under trademark law.

— Also termed get-up; look and feel. [Cases: Trade Regulation 43. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 49–50.]

“ ‘The “trade dress” of a product is essentially its total image and overall appearance.’ It ‘involves the total image of a product and may include features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques.’ ” Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 765 n.1, 112 S.Ct. 2753, 2755 n.1 (1992) (citations omitted).

---

词条贡献者

译者黎川，毕业于世界顶级翻译学院，擅长翻译各种与专利与技术诉讼相关的法律文件。