What is Trade Dress under IPR?

Trade dress, protected under Section 2(zb) of the Trade Marks Act, 1999, refers to the overall visual appearance of a product that signifies its source.

It helps prevent consumer confusion by ensuring that the design, shape, or packaging is uniquely associated with a specific brand.

In a recent ruling, the Delhi High Court restrained a company from selling trolleys deceptively similar to those of Mokobara, finding it an infringement of Mokobara’s distinctive trade dress.

The Court reaffirmed that trade dress extends beyond names and logos, covering aesthetic features that serve as brand identifiers.