Öz
The trade dress is one of the factors that motivate customers to prefer an entreprise and to purchase goods or services from that entreprise. Taking this into account, some undertakings try to attract customers' attention by differentiating the trade dress of their entreprise from those of their competitors. An element of such importance in commercial life should also be protected by legislative acts. Accordingly, our legal system contains provisions which are suitable for providing such protection. The trade dress can be protected under intellectual property law and unfair competition law if the conditions for the application of foregoing laws are met. This study addresses only the protection under unfair competition. According to Article 55/1-a-4 of Turkish Commercial Code numbered 6102, the activities that cause confusion with other entreprises’ goods, work products, activities or works constitute unfair competition. It is possible to examine the trade dress protection under this provision. However, in order to benefit from a protection provided by this provision, the undertaking wishing to protect the trade dress must have a legitimate interest worth protecting it. For such protection, the trade dress should be distinctive. Distinctiveness may arise from the originality of the trade dress or its distinctiveness may be a result of use. The usage of such distinctive trade dresses by others causes unfair competition.