Trade Dress
Generally speaking, “trade dress” refers to the appearance of a product or business. When we talk about appearance, we include features such as size, shape, color or color combinations, and texture. Trade dress can even include such things as the shape of the business’s building, the floor plan, the server’s uniforms and other features that people associate with that business.
The Lanham Act
An owner of trade dress that is infringed may have several options. The Lanham Act is a federal law that most legal professionals associate with trademark rights. An action for trademark infringement may allege a violation of the Lanham Act. However, the statute also authorizes the owner to bring a claim for infringement of its trade dress. Section 43(a) of the Lanham Act applies to the use of any infringing “word, term, name, symbol, or device, or any combination thereof…which…is likely to cause confusion…as to the origin, sponsorship, or approval of his or her goods.”
