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December 21, 2021
To be valid, a trade dress must be both distinctive and non-functional.
How can a trade dress be distinctive?
A trade dress may be inherently distinctive or a product may acquire distinctiveness.
December 21, 2021
TO TEST WHETHER SOMETHING IS A TRADE SECRET ASK:
Does it provide the owner of the information with a competitive advantage in the marketplace?
Is it treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft?
If the answer to both questions are yes, then you are most
