I. Trade Dress Is Either a Trademark or Service Mark.
“Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof, which distinguishes the goods (i.e., products) of one supplier from those of other suppliers. See 15 U.S.C. §1127; Qualitex Co. v. Jacobson Prod. Co., 514 U.S. 159, 162 (1995) (the statutory language describes what can qualify as trademarks “in the broadest of terms”). A “service mark” is the same as a trademark, but distinguishes services instead of goods. Id.
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