The definition of trade dress has changed over the years. Historically, products were “dressed” up to be sold. They would be put in a certain package, with a label, a display card and things of this nature. It can be an intellectual property violation if another company copies these trade dress elements with the intent to confuse consumers.
In the modern era, trade dress refers to the total image of the product. This means that it can also include the size and shape of that product, for example, along with specific colors and color combinations. It may even include graphics, textures and things of this nature. In other words, there is a more expansive definition that includes everything that would help a consumer identify a specific product.
Why are these IP violations an issue?
Consumer confusion is at the root of the problem, as with other types of IP violations.
For example, a company may be famous for selling products in a certain type of bottle, which has a distinctive size and shape. That bottle is not the product itself, but just the container. However, if another company were to copy that container, it could certainly make consumers believe they were buying a specific product, even if that was not the case.
Trade dress is very important when it comes to branding, marketing and the image a company is trying to create. Even packaging materials themselves can be part of that image, which is why it is important for other manufacturers not to violate that IP.
Naturally, disputes sometimes arise over just how similar the packaging or trade dress elements really are. When companies find themselves involved in these disputes and legal proceedings, it can help to work with an experienced law firm.