Apple fiercely guards its intellectually property, like all trademark owners should. So it isn’t surprising that the company recently obtained a trademark registration for the design of its retail stores.
According to the trademark description, Apple seeks to protects its minimalist design and layout, which includes “a clear glass storefront surrounded by a paneled facade” and, within the store, an “oblong table with stools…set below video screens flush mounted on the back wall.”
While the Apple trademark made headlines, this type of trademark right—known as trade dress—is not unusual. It generally covers the design and shape of the materials in which a product is packaged. Examples include the layout of a magazine cover and the distinctive shape of a bottle. In 1992, the U.S. Supreme Court allowed a fast-food chain to protect the appearance and décor in its Mexican restaurants.
As with other trademark registrations, trade dress applicants must be able to show not only that the design is distinctive, but also that the average consumer would likely confuse its products with others of similar appearance.
Apple has good reason to want to protect the design of its retail outlets. Locations in the U.S. generated an average of $43.3 million in FY2011. In addition, while the most recent registration only applies in the U.S., counterfeit stores have popped up overseas. As Reuters reports, a counterfeit store that opened in China looked so authentic that employees thought that they were working for Apple.
How Can I Help?
Consistently using a distinctive “look” for your company can be extremely valuable and certainly worthy of protection. For more information about trade dress rights, please contact me for a free 30 minute consultation at email@example.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.
– Ex astris, scientia –
I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +