Trade Dress Protection and Websites

Trade dress is an intellectual property protection for a product to preserve its distinguishing features beyond simple trademark protection. It is a distinctive, nonfunctional feature that distinguishes sellers' or manufacturer's goods or services from others in the market place. The issue of trade dress protection has caused some contention in the area of computer systems and web pages. This summary addresses the issue of trade dress and whether websites qualify for trade dress protection.

The following questions have been addressed in this article:

What has been the precedent regarding distinctiveness and secondary meaning proof in trade dress claims?
How do materials qualify for trade dress protection?
Do websites qualify for trade dress mark protection?


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