One can protect elements of a product that constitute “trade dress.” Trade dress refers to distinguishing and non-functional elements that affect the overall “look and feel” of the owner’s goods or services. Such elements may include a product’s shape, color, size, texture or configuration, or even the décor in which the owner’s services are offered. A Ninth Circuit case recognizes Fuddrucker’s unique “decor, menu, layout, and style” as protectable trade dress items.
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