Cleaning out my battery drawer

Could a less enticing headline exist anywhere? I think not. But one thing that did grab me was that Duracell really knows how to protect its trade dress. And just now, you’re probably thinking “the coppertop battery,” right? Well, so are they:

The battery has a copper top, so “coppertop” would be descriptive as a trademark and thus not registrable. But the copper top serves no function for the battery, so the result is that the copper top serves to identify Duracell as the source of batteries with copper tops. How does Duracell reinforce the recognition of that trade dress? With its constant repetition of “the coppertop battery” in its television ads, and with the legend in the photo above pointing out that copper top. That’s how you protect trade dress.