|
Section 45 of the federal Trademark Act, commonly referred to as the "Lanham Act," defines a "trademark" as "any word, name, symbol, or device, or any combination thereof, used by a person... to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown." Over the years, trademark protection has dramatically expanded to cover far more than merely names, logos and slogans. In recent years, sound, smell, color, and "trade dress" have all been held to be trademarks. "Trade dress" is the overall visual impression created by the décor of an establishment, or packaging and/or design of a product.
|