Legal Definitions - get-up

Definition: Get-up is another term for trade dress, which refers to the overall appearance and image of a product or commercial enterprise in the marketplace. This includes the packaging, labeling, design, decor, and other features that make the product or enterprise distinctive and nonfunctional.

Examples: The get-up of a product can include its size, shape, color or color combinations, texture, graphics, or even particular sales techniques. For example, the distinctive red and white packaging of Coca-Cola is part of its trade dress, as is the unique shape of the Coca-Cola bottle. The get-up of a commercial enterprise can include its logo, signage, decor, and other visual elements that create a recognizable brand identity. For example, the golden arches of McDonald's and the green mermaid of Starbucks are both part of their respective trade dresses.

Explanation: The examples illustrate how the get-up or trade dress of a product or commercial enterprise can include a wide range of visual elements that create a distinctive and recognizable brand identity. These elements are often protected under trademark law if they are deemed to be distinctive and nonfunctional, meaning they do not serve a practical purpose beyond identifying the source of the product or enterprise. By protecting their trade dress, companies can prevent others from using similar visual elements that could cause confusion in the marketplace and dilute their brand identity.