Helpful Information / Articles: Trademarks - Trade Dress
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Trade dress includes all the factors making up the total image under which a product or service is presented to customers. As such, it can cover almost all aspects of appearance. Things that have been held protected as trade dress include the shape and appearance of a spray container of household cleaners, the layout and appearance of a Mexican restaurant chain, and the look of a line of distinctive greeting cards manufactured by one company and copied by a second large recognized greeting card company. Trade dress may serve as a form of trademark and be registered accordingly. Trade dress may also be protected under the Federal Lanham Act §43(a). Like trademarks, trade dress protection can be of infinite duration.