Trade Dress Fundamentals

Summary

This practice note provides an overview of federal trade dress protection and enforcement under the Lanham Act. It addresses the potential categories of trade dress, the requirements for trade dress protection (i.e., distinctiveness and nonfunctionality), the advantages of federal registration, and trade dress enforcement (including trade dress infringement, dilution, and counterfeiting claims). This practice note also discusses the importance of an integrated protection strategy that comprises trade dress, copyright, and design patent protection, where feasible.