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Trade Dress – Unit 3 Discussion. Trade dress is the design and appearance of a product together with the elements making up the overall image that serves to identify the product presented to the consumer. In simple terms, trade dress is the “look and feel” of a product. This may include such features as the size, shape, color or combination of colors, texture, graphics, or even particular sales techniques. Legally, trade dress refers to the qualities of the visual appearance of a product or its packaging. Trade Dress – Unit 3 Discussion.
It may also refer to the design of a building signifying the source f a particular product to the consumers. According to Mohr (54) Trade dress is legally protected by different Acts and legislations such as the Lanham Act in the US and the law of passing off in the UK.
However, we have to ask our selves if the products traded in by both companies are in any way likely to cause confusions to the consumers. The answer might be NO. This is because Gateway Inc trades in computers and computer accessories and these products are not in any way related to those products forming part of CPI Inc business products. There may be no element of confusion in this case and CPI Inc may not be held liable for infringing the trade dress rights of Gateway Inc (Emerson 596).
Emerson, Robert. Business Law.5th ed.New York: Barron’s Educational Series, 2009.print.
Mohr, Stephen F. Recent Trends in the Law of Trade Dress. New York: Practicing Law Institute,