Safeguarding Trade Dress in India: Emerging Jurisprudence, Trends and Challenges

Author: Ankit Singh, Assistant Professor, JLU School of Law, Jagran Lakecity University, Bhopal, Madhya Pradesh, India

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Abstract

Trade dress means the overall physical appearance of a product or service. It may include size, shape, a combination of colours, method of packaging, etc. The main function of a trade dress is to create the visual appeal of a proprietor’s product or service in the market so as to influence the choice of potential consumers. The ever-growing jurisprudence pertaining to trade dress has been dealt with in this paper in the context of the United States and India. Various issues like functionality, distinctiveness, secondary meaning, infringement and dilution of trade dress shall be discussed with the help of relevant precedents and statutory provisions. The article attempts to analyze the current scenario of the legal protection of trade dress and interests of business owners in the Indian market.

Keywords: Trade dress, Trademark, Functionality, Distinctiveness, Dilution, Infringement, Passing-off

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