Non-Functional Trade Dress

Non-functional trade dress refers to the visual appearance or packaging of a product that signifies its source to consumers but does not affect the product's performance or utility. Unlike functional elements, which serve practical purposes (like a car's wheels), non-functional aspects include colors, shapes, or designs that are distinctive and help establish brand identity. For example, the specific look of a soft drink bottle may be protected as trade dress because it is recognizable and associated with a particular brand, helping consumers identify the product in a crowded marketplace, without enhancing or altering its function.