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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 ...
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
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 ...
"This means I can move forward with my life," Elizabeth Emanuel tells PEOPLE of the settled dispute
The settlement aims to clear nearly 100,000 lawsuits filed by consumers ranging from homeowners to farmers who say they developed cancer because of the product. Some 25,000 cases still remain.
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.
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.
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 ...