Legal Protection For Trade Dress

Trade dress refers to the operator through the packaging and decoration elements are arranged a combination of the overall atmosphere, both have the relation betwee n it and trademark have to distinguish between. In this paper, we only discuss limited to narrow that by anti-unfair competition law to adjust the trade dress, by the appearance of the business concept, using sim ilar commercial appearance constitute infringement way, combined with ju dicial practice of re d cans case, es tablished to maintain the source recognition principles of legal protection of trade dress, m echanism, and the focus problems in the case of red cans were discussed.The author thinks, insist to function for source iden tification of trade dress protection principle, not only can help to trade dress infringement in theory, but also to occur in real life case give reasonable solution, especially for the law on trade dress "to a well-known commodity" restrictions, adhere to function for source identification of trade dress protection principle to avoid for the identification of well-known goods due to restrictions on the "famous products" and not to should be protected. In explore commercial appearance of separability, through the packaging and decoration of the perspectives of the contents and characteristics and consumer cognition, analysis from the principle of whether a m ark is the co re of commercial appearance, which to identify the source function principle r uns through them, as the guiding ideology hidden auxiliary topic and discussion. Similarly, during a study involving commodity specific packaging and decoration can W anglaoji trademark phase separation, by assuming that can be separated and launc hed involving commercial appearance will thus lose recognition source, and anti launched involved in packaging, decoration and Wanglaoji trademark phase separation process of argumentation, is built on the basis of the principle of source identifica tion function.During discussing wether commercial appearance will cause confusion, also need star ting from the perspective of the identif ication of commercial appe arance, especially similar commercial appearance caused confusion possibility was dim inished by other sources of instructions, if the approxim ate commercial appearance using the significant logo or advertisement and other means to the involved in the packaging and decoration of the source identification function is not so weakened, and pub lic under the premise of reasonable attention wouldn' t confusion, th en it should not be identified sim ilar commercial appearance and behavior constitute infringement.This paper is divided into four parts.The first p art is the concept of trade dress. Explain the relative theoretical knowledge of trade dress, and compare the differences and similarities between the trademark and the trade dress.The second part is the source id entification function of the trade dress. T o explore the function of the source id entification and the well-know n commodity problems, and combined with the specific case of the case.The third p art is th e problem of trade dress. Taking the case of red pot as a starting point, the author put forward the author's point of view on the issue of W ang Laojis unique packaging and decoration.The fourth part is the judg ment of the confusion of trade dress. This paper puts forward the author's point of view by expl oring the weakening of the possibility of confusion and non functional constraints by the factors of other sources of differentiation.