Sparklae, a beverage company, uses a distinctly-shaped bottle to sell its beverages. Customers identify its beverages by the shape of its bottle. One of its competitors designs a similarly-shaped bottle for its product. Which of the following intellectual properties has been infringed by Sparklae's competitor?
A)trademark
B)trade dress
C)patent
D)trade secret

Question

Quizplus · Accepted Answer

The use of a distinctly-shaped bottle to identify a product falls under trade dress. Therefore, Sparklae's competitor has infringed on Sparklae's trade dress. A trademark refers to a symbol or design that identifies and distinguishes the source of a product. A patent protects an invention or discovery. A trade secret refers to confidential information that provides a business with a competitive advantage.

Sparklae, a Beverage Company, Uses a Distinctly-Shaped Bottle to Sell