PA C K AGING
uct feature such as a capsule, cork, box or
bag for wine can be trademarked.
Trade dress
label design. The mark consists of a circle with the word Jellybean in stylized
letters in the center surrounded by two
broken circles of miniature jellybeans
and two broken circles of solid lines.
Product feature
A single element of wine product packaging can be trademarked. Some wineries
have trademarked their distinctive capsule and cork designs. Thus, a single prod-
70 p r acti c al w i ne ry & v i n e yard FE BRUARY 20 14
Overall trade dress is the combination of
color, graphics, shape, and design of a
product's packaging. Trade dress represents the "look and feel" of the overall
packaging or brand image. Appropriating
most all of the graphic elements of a wine
label can lead to a claim of trademark
infringement.
When you see packaging or labeling
that is "too close" to your own, for example, when someone uses the same color,
design elements, type face, color place-
