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Trade dress is capable of identifying the source of a good or service, so inherently distinctive trade dress is protectable under the Lanham Act without showing the trade dress has acquired secondary meaning. Qualitex Co. v. Jacobson Products Co., Inc. 514 U.S. 159: 1995: 9–0: Substantive: Trade dress; Functionality Majority: Breyer: Lanham Act
Trade dress can be protected as getup under the law of passing off in the UK. Passing off is a common law remedy for protecting an unregistered trade mark. [3] Getup, packaging, business strategy, marketing techniques, advertisement themes etc. can also be protected under passing off.
Star Athletica had conceded this because it was an abstract painting (not a dress design), [49] but the government said that the painting would cover the entire dress surface and was no different than the Varsity designs. It also said that, in applying the requested conceptual-separability analysis, what mattered was that a uniform stripped of ...
A Mejuri spokesperson told WWD in a statement about the filing: “David Yurman’s lawsuit is an attempt to bully an emerging female-founded competitor, monopolize classic design motifs used for ...
Factors Affecting a Lawsuit Settlement. ... define whether or not the defendant will issue a Form 1099 or not. If they plan to issue one, negotiate the 1099 income to be a smaller number than your ...
Recently, an $8.85 million settlement was reached in a class action lawsuit filed against Unilever United States, Inc., the owner of Breyers, and Conopco, Inc., the New York-based advertiser ...
In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. [ 1 ] : 485–486 If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention .
Pages in category "United States trade dress case law" The following 2 pages are in this category, out of 2 total. This list may not reflect recent changes. T.