The nonfunctionality requirement for trade dress is scrutinized more closely than it is for design patents because trade dress protection exists for as long as the trade dress is being used in commerce, which could potentially mean centuries of protection
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This cheerful electric blue dress complete with a standout shoulder was a fashion hit
To make up for the lack of flavor and consistency, many in the food and beverage industry added artificial flavors and colors and packed salad dressings with sodium, preservatives and sugars like high-fructose corn syrup