The court in Brazil ruled in an interesting case on the protection of product trade dress. According to the local legislation trade dress is:
“Trade dress is the combination of characteristics, which may include, among others, a color or color scheme, shape, packaging, product configuration, signs , phrases , layout, styling and size of letters, graphics, drawings , emblems, coats , textures and embellishments or ornaments generally able to identify particular product and differentiate it from the others”
The particular case concerns similar trade dress of fitness equipment. In light of the decision copycat of the trade dress is unfair competition in the country and is prohibited.
More information can be found here.
Source: IP Tango.
INTELLECTUAL PROPERTY PLANET 