trade dress

[ treyd dres ]

noun

1. the total visual image and specific design of a product or service that distinguish it from others and identify its origin or source. Trade dress is protected under trademark law and consists of elements that are not functional, as product packaging or the décor of a business.

Word History and Origins

Origin of trade dress¹

First recorded in 1885–90

Example Sentences

MGA launched its OMG Fashion Dolls in 2019, allegedly “copying the unique name, image and trade dress of OMG Girlz.”

From Los Angeles Times

The Skoosherz line, which Build-A-Bear began selling last month, has the “same distinctive trade dress” of Squishmallows, the complaint filed Monday says, pointing to similarities in shape, face style, coloring and fabric.

From Seattle Times

It wants a declaratory judgement saying that the Squishmallow maker’s claimed trade dress rights are invalid and unenforceable.

From Seattle Times

“If each aspect of the claimed trade dress were in fact protected trade dress, it would be virtually impossible for competitors to create alternative designs,” Build-A-Bear added.

From Seattle Times

On Nov. 11, lawyers for Lululemon sent a cease-and-desist letter to Peloton saying that the company would sue unless Peloton stopped selling “copy-cat products” that infringed on Lululemon’s “design patent and trade dress rights.”

From Seattle Times