Huang, J., and Ken, Y. 2001. A Checklist of Trade Dress - Judgicatory Opinion from U.S. Court. NTU Management Review, 11 (2): 239-257
Junying Huang, Professor, Department of Business Administration National Sun Yat-San University
Yun Ken, Assistant Professor, Graduate School and Department of Business Administration Chung Yuan Christian University
Abstract
Trade dress is one of the most important tools for product positioning and promotion. Unfortunately, how to protect these worthy assets is very unfamiliar to the most people of marketing. To protect or avoid to infringe a trade dress is a lawful issue and subjected to the opinion of judgment from courts. This paper illustrates a systematic route to check if a trade dress stand in a goodwill. It's very useful to marketing practice.
Keywords
Trade dress Positioning Likelihood of confusion Secondary meaning