Virtual Trade Dress: A Very Real Problem

54 Pages Posted: 29 Jul 2015

See all articles by Tom W. Bell

Tom W. Bell

Chapman University, The Dale E. Fowler School of Law

Date Written: 1997

Abstract

A tragedy looms for trade dress. Encouraged by bad case law and tempted by new technologies, trade dress threatens to assume a role properly reserved for other forms of intellectual property. Trade dress should aim primarily at protecting the public from confusing the features that identify goods and services. Current trends, however, risk expanding trade dress until it constitutes the very commodities that it once merely identified. Superficially genuine but fundamentally artificial, this is virtual trade dress.

Keywords: Trade dress, virtual trade dress, intellectual property, rights in services, trademark, Lanham Act

Suggested Citation

Bell, Tom W., Virtual Trade Dress: A Very Real Problem (1997). Maryland Law Review, Vol. 56, 1997, Available at SSRN: https://ssrn.com/abstract=2637009

Tom W. Bell (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States
714-628-2503 (Phone)
714-628-2576 (Fax)

HOME PAGE: http://www.tomwbell.com

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
66
Abstract Views
674
Rank
608,831
PlumX Metrics