This law allows the holder of a particular commercial cover (“cargo container”) to sue an infringer (a natural or legal person who illegally copies that commercial dress) for violation of Article 43(a) without registering that commercial dress with a formal body or system (as opposed to registration and application requirements for the application of other forms of intellectual property; patents). It is generally considered a “federal common law” protection for trade dress (and trademarks). [13] Commercial presentation is the commercial appearance of a product or service that identifies and distinguishes the origin of the good or service. It includes the different elements (such as the design and shape of materials) used to package a product or service. For example, the Hard Rock Cafe restaurant chain uses a distinctive décor that is considered a commercial dress. This appearance is protected if it serves to protect the ability to identify the source of the products as well as a trademark. Trademark law is not explicitly mentioned in the U.S. Constitution (unlike patent and copyright law); Therefore, trademark law – and thus trade dress – is applied not only at the federal level, but also at the state level. To file a complaint for counterfeit trade dress, a company must demonstrate the distinctiveness of the appearance of its product. Commercial dress is not protected against counterfeiting unless it is unique, unusual or generally recognized by the public.

The courts have found that a variety of commercial dressings are distinctive, including magazine cover formats, greeting card arrangements, seams of waitress uniforms, luggage designs, linen patterns, cereal configurations, and interior and exterior features of commercial stores. In some contexts, courts may find that distinctive colour combinations are protected from infringement, for example, where a federal court has found that the aluminum foil, blue and white packaging in which Klondike ice cream bars are packaged is part of an identifiable commercial presentation (AmBrit v. Kraft, 812 F.2d 1531 [11th Cir. 1986]). Commercial presentation is an extension of trademark protection to “design and form of materials in which a product is packaged [primarily]”. The `product configuration`, i.e. the design and shape of the product itself, can also be seen as a form of commercial presentation. [2] The Trade Presentation Act has four objectives. First, the law aims to protect the economic, intellectual and creative investments of companies in the distinction of their products.

Second, the law aims to preserve the goodwill and reputation often associated with the commercial presentation of a particular company and its products. Third, the act aims to promote clarity and stability in the marketplace by encouraging consumers to rely on a company`s trade dress when assessing the quality of a product. Fourth, the law aims to increase competition by requiring companies to associate their own trade dress with the value and quality of the products they sell. The trade dress may be registered with the patent inspectorate either in the main register or in the supplementary register. [14] Although registration is not required for legal protection, registration offers several advantages. In the main register, a registrant receives constructive nationwide use and notification that prevents others from using or registering that registrant`s trade dress (without contesting the registration). [15] In addition, a registrant in the main registry is granted indisputable status after five years, which eliminates many opportunities for another party to challenge the registration. [16] Registration in the supplementary registry allows the registrant to protect his or her trade dress abroad, although protection in the United States is much more limited than protection under the main registry. [17] The definition of commercial presentation is broad and covers “the overall picture of a product” and may include “characteristics such as size, shape, colour or colour combinations, texture, graphics or even certain sales techniques”. (Two Pesos, Inc. v.

Taco Cabana, Inc., 505 U.S. 763, 765 (1992); American Greetings, 807 F.2d to 1141; Rose Art Industries, Inc. v. Raymond Geddes & Co., 31 F. Supp.2d 367 (D.N.J. 1998)). “Lanham Law protection of product configurations extends to the overall appearance of a product, including features such as size, shape, color or color combinations, texture, graphics, or even certain sales techniques.” (Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., 40 F.3d 1431, 1439 (3d Cir.

1994)). In the United States, the Lanham Act protects trade dress if it performs the same source identification function as a trademark. It is possible to register trade dress as a trademark, but for practical reasons, most trade dress and product configurations are protected without registration under 15 USC § 1125 (a). [2] The physical appearance of a product, including size, shape, color, design and texture. In addition to the physical appearance of a product, commercial presentation can also refer to how a product is packaged, packaged, labelled, presented, advertised or advertised, including the use of distinctive graphics, configurations and marketing strategies. In intellectual property law, a means of counterfeiting commercial dress may arise if the commercial dress of two companies is so similar that it creates confusion among consumers. In such situations, as a rule, the company will prevail with the most established or recognizable business presentation.