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Trade Dress Law & Brand Protection on Amazon: Something You Need To Know

Trade Dress Law Transcript:

Knowing trade dress law is another powerful weapon that brand managers can use in order to protect product sales from unauthorized sellers.


Trade dress law is a subsection of trademark law.


It has to do with the look, feel, color, packaging, and the entire consumer experience when your branded product arrives at that consumer’s doorstep.

There are several great examples of trade dresses that are successfully used on Amazon.

As a prime & teaching example of trade dress, think about the Coca-Cola bottle. Not the can, but the bottle itself.

The shape, the curvature to it, any consumer anywhere in the world knows as soon as they see that bottle, it is a Coca-Cola product.

That is a trade dress. It is a non-functional part of the product that indicates to any consumer what the product and the quality entails.

Additionally, there are several examples of brands much smaller than Coca-Cola that have successfully used trade dress as a way of protecting their sales.


Thereupon brand managers can use and that we use every day to protect branded product sales from unauthorized sellers.

One example is a company called Viahart, and their product is a child’s toy called Brain Flakes.

The unique shape, color, and feel of this toy comprises its trade dress, and their trade dress has been enforced on Amazon.

Another great example is a humidifier by a company called Crane.

What’s unusual about this humidifier is the shape of the humidifier. It’s shaped like a droplet of water.

That is its trade dress. That is what differentiates this humidifier from other humidifiers in the marketplace.

A third example of a trade dress that you could look at to see whether or not we can do something like this for your branded products is a cosmetic sponge called the Beautyblender.

The Beautyblender is a fuchsia-colored, egg-shaped sponge in a cylinder, with plastic packaging that is see-through.

The entire product itself, the packaging, the color, and the shape is what gives Beautyblender its remarkable trade dress. It’s been successfully used on Amazon to stop other people from selling its product and also counterfeit products.

The product itself is nothing more than a sponge.

Therefore as a result, everything that has been added to it created an extremely powerful trade dress.

This is one of the mechanisms that we can use to protect your product sales, specifically on Amazon.
trade dress law

If you’d like to learn more about how to protect your brand on Amazon specifically, contact me by phone, email or chat, and in advance of our meeting, we will examine your product, identify who is selling them, and also provide you with proposals to protect your sales.

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