The Sweet Liberty Trade Dress and Their Trade Mark

The criteria that the courts use are that the trade dress must be inherently distinctive, and a part of that is not attributable to the functionality of the marketing product. So for example, if your phone is shaped like a pentagon, don't ask me why, then you would not be able to say it with its iconic pentagonal box. It's just the shape of the thing that you're selling the phone may be the pentagon, but you can't claim that your package is distinctive. On the other hand, the fact that iphones are shipped in that stark black on white that apple stores have, that look, that like you can identify it at a moment's notice. And