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Service Trade Dress?

Posted in Mixed Bag of Nuts

When most people of think of trade dress protection they primarily think of a good. Generally, protecting a product’s configuration, which can never be inherently distinctive, or a product’s packaging, which can be inherently distinctive. Rarely, does trade dress for services come to mind, but trade dress protection for services is alive and well. More often than not, trade dress protection for services involves the interior of a retail establishment like a restaurant. But more and varying type of trade dress protection for services exists. Recently, Franksih Enterprises, Inc. registered the exterior design of its monster truck for “entertainment services, namely, performing and competing in motor sports events in the nature of monster truck exhibitions.” Uniforms can also qualify for trade dress protection like in the case of the Chippendales cuffs and bowtie. The point being that so long as it is capable of indicating source, many forms of trade dress for services can qualify for protection.