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> to some retail "style." So says Wikipedia: > Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a produ
by chx 9y ago
> to some retail "style."
So says Wikipedia:
> Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.
IANAL but selling Trading Joe's products and those alone in a store that looks like Trading Joe's could at least give rise to a trade dress claim.
As to extraterritoriality, NAFTA applies, trademarks are recognized across the border.
- PatentTroll 9y agoOh yeah it would. TJ's has a very defined, distinct, and recognizable 'feel' to its stores which are a part of their brand. If I started a grocery store called Merchant Mike's and all the employees wore Hawaiian shirts, you could bet that TJ would assert its trade dress.
- Chaebixi 9y ago> Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. I'm aware of that. My point is the purpose of that is solely to prevent confusion in consumers, and two stores with similar trade dress in geographically and jurisdictional separate areas should not cause enough confusion to warrant a legal judgement (especially one by a foreign court).