Protection Of Trade Dress – Developing Jurisprudence

Product packaging and visual impression of any product which is to be launched in the market, has become one of the most decisive factors regarding how well the product will attract the attention of the prospective consumers. Over decades there has been a transformational shift in the choices of the consumer; today along with the quality, the overall packaging of the product has also significantly affected the buying choices of the consumer. Packaging, color pattern, color combination,  shape of the product, texture, design, graphics and illustration which we call as trade dress are protected from being misused by the other parties who intends to imitate the overall look of a product in order to take advantage of its established goodwill and reputation. In India there is no separate provision for protection of trade dress, however, the common law of passing off provides protection of trade dress consisting of shape of goods their packaging and combination of colors etc.