Trade dress refers to the total visual image and appearance of a product or packaging that identifies the source of the product and distinguishes it from others. It includes elements like size, shape, color, graphics, and packaging. Trade dress protection prevents competitors from copying these distinctive features in a way that confuses customers. Courts have protected trade dress elements like the shape and design of products, their packaging and containers, and the layout of business establishments. Registering a trade dress helps companies prevent others from using similar product appearances and provides a competitive advantage.

1. Trade Dress A. Lakshminarayanan Advocate

2. Trade dress

4. Trademark vs Trade dress

12. Colgate Palmolive Company & Another v. Anchor Health and Beauty Care Pvt. Ltd. 2003 (27) PTC 478

14. United Distillers Plc v Jagdish Joshi & others(2000) The plaintiff was the owner of trademark Johnnie Walker for Scotch whisky. The defendants were manufacturers of Johnnie Walker Gutka. The plaintiffs sued the defendants for infringement of trademark and “trade dress.” The court held that the trade dress used by the defendant has a similarity with the trade dress of the plaintiff and had infringed the same.