There are two tests a trade dress lawsuit has to meet: first, the features have to be distinctive of the product in the eye of the consumer; second, the feature

There are two tests a trade dress lawsuit has to meet: first, the features have to be distinctive of the product in the eye of the consumer; second, the features must not be functional. This second requirement should mean that trade dress cannot be used to establish a monopoly. The actual application of the functionality requirement is hazy. See http://www.akingump.com/docs/publication/549.pdf http://www.akingump.com/docs/publication/549.pdf It's unclear to me that Apple's claims to trade dress pass the functionality requirement.