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.]


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