A Study on the Practical Disputes about Trade Dress-Focusing on Trademark Act and Fair Trade Act

• Main Authors: LU, CHIA-YIN, 呂佳穎
• Other Authors: CHEN,CHUN-SHAN
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/u6jn65

碩士 === 國立臺北科技大學 === 智慧財產權研究所 === 107 === New products nowadays hit the market rapidly, and how to attract consumer’s eyes and evoke their purchase willingness are subjects that cannot be ignored. The appearance and packaging of a product with novelty or fashion trends shall be the most effective way to attract consumers. This thesis focused on regulations and differences of trade dress between Trademark Act and Fair Trade Act, and as well as how the trade dress be protected and registered as a trademark. Through the collection of domestic and international judicial cases, legal issues of trade dress were organized and discussed. Finally it also analyzed strategy and practical disputes of the well-known coffee industry – 85 degrees C and Starbucks concerning of trade dress. Hope this study will appeal more attention on trade dress issue and also be a valuable reference for trademark owners.