Food and Beverage Industry Update: Trade Dress Protection for Craft Breweries
“Trade dress” allows breweries to protect aspects of the business used to promote and help consumers identify their brand.
Craft breweries interested in protecting their brand in today’s highly competitive market typically consider trademark protection to secure the brewery’s name and logo, as well as the names of flagship brews. While trademarks help protect names and logos, another kind of legal protection, called “trade dress,” allows breweries to protect other aspects of the business used to promote and help consumers identify their brand — such as tap handles, distinct bottle shapes and even the atmosphere of the tasting room. Trade dress, therefore, can be a valuable business asset, and craft breweries relying on unique branding to drive consumer engagement should view trade dress protection as an important component of their intellectual property portfolio.
Originally published by Food Manufacturing, April 2018
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