Protecting Appearance and Atmospherics: Trade Dress as a Component of Retail Strategy

Although many retailers recognize the value of managing store appearance and atmosphere to improve sales and consumer loyalty, few are aware that trade dress, a subset of trademark, may be used to protect retail environments from some forms of imitation. This article discusses the importance of trad...

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Bibliographic Details
Published inJournal of public policy & marketing Vol. 33; no. 1; pp. 34 - 48
Main Authors Kopp, Steven W., Langenderfer, Jeff
Format Journal Article
LanguageEnglish
Published Chicago American Marketing Association 01.04.2014
SAGE PUBLICATIONS, INC
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Summary:Although many retailers recognize the value of managing store appearance and atmosphere to improve sales and consumer loyalty, few are aware that trade dress, a subset of trademark, may be used to protect retail environments from some forms of imitation. This article discusses the importance of trade dress protection for retailers and expands on the elements of trade dress, the parameters of trade dress protection, and the interaction of trade dress law with retail strategy. The authors also assess whether trade dress protection serves the policy goals of reducing deception and promoting fair competition for the benefit of the public as configured and interpreted under current U.S. law.
ISSN:0743-9156
1547-7207
DOI:10.1509/jppm.09.031