TRADE DRESS

The non-functional physical detail and design of a product or its packaging, which indicates or identifies the product's source and distinguishes it from the products of others.

Trade dress includes color schemes, textures, sizes, designs, shapes, and placements of words, graphics, and decorations on a product or its packaging.

A trade dress is non-functional if, taken as a whole, the collection of trade dress elements is not essential to the product's use or does not affect the cost or quality of the product even though certain particular elements of the trade dress may be functional.

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