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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
On appeal, the United States Court of Appeals for the Tenth Circuit found for Duracraft, holding that Vornado held no protectable trade dress rights to the design element in question. [1] Despite the Tenth Circuit's ruling, Vornado filed a complaint in November 1999 with the United States International Trade Commission against The Holmes Group ...
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 ...
In December, Yurman kicked off the spat with a trade dress lawsuit claiming that direct-to-consumer Millennial jeweler Mejuri was a “serial copyist.” Most of Yurman’s original suit centered ...
Another option for highly-recognizable fashion designs is to register it as a trade dress with the United States Patent and Trademark Office (ex Hermès and the Birkin bag). [2] [6] In the 2017 Supreme Court case. Star Athletica, LLC v. Varsity Brands, Inc., it was ruled that Fashion design can be covered by copyright.
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.
In the United States, the “functionality” doctrine exists to stop a party from obtaining exclusive trade dress or trademark rights in the functional features of a product or its packaging. The doctrine developed as a way to preserve the division between what trademark law protects and areas that are better protected by patent or copyright law.
§ 43(a) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress, and courts still frequently refer to the provision as "Section 43(a)": 15 U.S.C. § 1125 - False designations of origin, false descriptions, and dilution forbidden (a) Civil action