Product shape and trade dress protection under trademark law in Europe

Publication Type

Book Chapter

Version

publishedVersion

Publication Date

1-2001

Abstract

Trade dress, an American term perhaps better-known in British English as 'get-up', is a distinctive, non-functional feature which distinguishes a trader or manufacturer's goods or services from those of others. It may consist of inter alia colour, shape, design, sound, smell, product packaging or product configuration. One might describe trade dress as encompassing the total image and overall impression created by a product. In Europe protection afforded to features falling outside established trademark laws has traditionally been under laws of unfair competition or unfair marketing practices (in the United Kingdom, under the law of passing-off). However, in 1988 the European Community adopted the First Trademark Directive (the "Trademark Directive" or the "Directive"),' which expanded, at least for some Member States, the notion of what could be protected by trademark.

Discipline

International Trade Law

Publication

International intellectual property law and policy

Volume

6

First Page

24-1

Last Page

24-15

ISBN

9781578230877

Publisher

Juris Publishing

City or Country

Huntington, NY

Comments

Paper presented at Fordham University's 8th Annual International Conference on Intellectual Property Law and Policy

Additional URL

https://worldcat.org/isbn/9781578230877

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