Trade dress refers to the total image of a product, particularly the nonfunctional ornamental features that indicate the origin of the product.  Trade dress encompasses such features as the packaging and labeling of products, the shape of the product itself, and the color or color combinations used with the product or its packaging.  Examples of trade dress include:  the hourglass shape of Coca-Cola bottles, the pocket stitching of Levi Strauss blue jeans, the pink color of Owens-Corning fiberglass insulation, the cover format of People magazine and the distinctive shape of the Ferrari Daytona Spyder automobile.

To be protectable, a product's trade dress must either be inherently distinctive or have acquired secondary meaning.  Two Pesos, Inc. v. Taco Cabana, Inc., 112 S. Ct. 2753 (1992).  Secondary meaning is attained through exclusive use of the trade dress features for an extensive time period such that the public associates the trade dress as an indication of origin, rather than the product itself. 

There are no registration requirements for trade dress; protection attaches automatically if the trade dress is sufficiently distinctive.  Trade dress infringement actions are usually brought under 15 U.S.C. § 1125(a), commonly referred to as § 43(a) of the Lanham Act.  An action for trade dress infringement under § 43(a) requires proving:  (1) the trade dress is either inherently distinctive or has acquired secondary meaning; (2) the competing trade dress will likely cause consumer confusion as to the origin of the product; and (3) the trade dress is nonfunctional (i.e., not essential for effective competition in the marketplace).  LeSportsac, Inc. v. K-Mart Corp., 754 F.2d 71, 75 (2d Cir. 1985).  In trade dress infringement actions, the court generally will examine the impact of the trade dress as a whole and not examine individual elements of the trade dress.

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