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Trademark Protection and Trade Dress in Food Products
The chapter explores trademark protection and trade dress in the context of food products, using examples like Peperage Farm Goldfish crackers and Nabisco's similar product, leading to legal disputes over consumer confusion. It discusses the importance of 'secondary meaning' for product designs to qualify for trademark protection and the challenges faced by companies in obtaining protection for functional designs. The narrative also delves into the role of design patents in safeguarding unique food product designs and the distinctions between design patents and trade dress protection.