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22 Ne. J. Legal Stud. 1 (2009)

handle is hein.journals/neastjol22 and id is 1 raw text is: 1/Vol. 22/North East Journal of Legal Studies TRADE DRESS PROTECTION AND THE CONFUSION WITH DESIGN PATENTS PART ONE: TRADE DRESS PROTECTION by Roy J. Girasa* Richard J. Kraus** INTRODUCTION A company's sign or symbol certainly constitutes an important business asset. The public recognizes the McDonald's Arch, the Mercedes emblem, the unique K on Kellogg's products, and innumerable other signs or symbols. These trademarks convince many to purchase the products offered. Marketers also understand that the packaging and design of a product significantly influence a buyer to select a particular item. One need only examine the beautiful designs of perfume bottles or the blue Tiffany box packaging1 to visualize the time and effort expended to influence the purchase of such products. The law protects the packaging and design of products, but the nature and extent of such protection have led to some confusion among practitioners and scholars. A company may need to decide whether to seek protection in the form of common law trade dress under trademark law or attempt to obtain a design patent. These alternative modes offer *Professor of Law, Lubin School of Business, Pace University, New York. **Professor of Law and Chairperson of Department of Legal Studies and Taxation, Lubin School of Business, Pace University, New York.