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Generally speaking, trade dress is the visual appearance of a product design or shape, or its packaging, that signifies the source of the product to consumers.It is essentially the “look and feel” of a product or its packaging but the concept can also apply to the look and feel of a webpage or a brick and mortar establishment.I focus primarily on trademark matters, including the obtaining of domestic and foreign trademark registrations and the enforcement of trademark rights.My practice also includes domain name matters and copyright matters.

Apple was able to obtain this registration because they could prove a lot of consumer recognition of this layout.For example, Jiffy® peanut butter and Skippy® peanut butter seem to have very distinct followings in the marketplace, where a consumer of Jiffy® would not likely be a consumer of Skippy®.This seems to be true regarding Apple computers and PCs at this point in time.This is when a trademark application has been refused by the United States Patent and Trademark Office, what we call the “USPTO” for short.Some of the appeals involved cases that were initially prosecuted by other attorneys.

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