Trade dress is the overall appearance or the "look" of a product.1
Although originally limited to a product's package, the concept of trade
dress now includes the design of a product itself.2 One court has defined
it as "the total image of a product[, which] may include features such as
size, shape, color or color combinations, texture, graphics, or even particular
sales techniques."3 In analyzing trade dress, the elements of the
product's appearance must not be isolated and examined individually,
but must be considered as a whole.4
Trade dress is a more expansive term than trademark.5 A trade dress,
nevertheless, may be federally registered as a trademark on either the