Exponents Gets Trademark-type Design Protection

Exhibit designer and manufacturer Exponents has received trade dress protection (the federal government's protective licensing for distinctive designs) for its Luminents exhibit system, used for linear and small island booths. Trade dress, which is similar to trademark protection, is granted only to non-functional designs by the U.S. Patent and Trademark Office. Trade dress differs from patents, which protect functional designs.

Exponents debuted both its lightweight display system and filed for trade dress protection in 2002 to protect its distinctive tradeshow display system. Steve Rossman, Exponents executive vice president, said the Luminents system qualified because of its unique assemblage and look.

Trade dress covers three-dimensional features of the visual appearance of a product or its packaging and can even apply to building facades. Rossman noted that trade dress protection has been extended to such well-known designs as the Coca-Cola bottle, which has had the designation for about 100 years, and McDonald's golden arches, once used as part of the restaurant buildings' exteriors. Trade dress protects against deceptively similar designs and confusion in the eyes of viewers, Rossman said.

Unlike patents and trademarks, which are granted for finite periods of time, trade dress protection, once granted, is permanent, requiring only periodic certifications of continued use of the design.