“Fair use” is a limited exception to copyright exclusivity allowed for commentary, criticism, news reporting, or education.
“Trade dress” refers to distinctive packaging that serves to identify the product by its shape and/or decoration. Examples are the yellow gold of Kodak film’s packaging as well as Advil’s blue and yellow packaging. Even the golden arches of McDonald’s, identifying a service, are protected by trade dress laws.
Your intellectual property can be protected from use without your consent, regardless of whether or not you have a patent, copyright, trademark, or trade secret. Unfair competition is present when an individual or company presents its services or products to the public in a manner that would serve to confuse as to who or which company is actually providing the services or products.
Voices, restaurant designs, slogans, packaging, titles, business names and titles can all be protected under unfair competition laws.