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Case history; Prior: Taco Cabana Int'l, Inc. v. Two Pesos, Inc., 932 F.2d 1113 (5th Cir. 1991) Holding; Proof of secondary meaning is not required to prevail on a claim under § 43(a) of the Lanham Act where a trade dress at issue is inherently distinctive
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.
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
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.
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
Wolfson determined that this created a likelihood that consumers would confuse Mino with Tetris, and held that Mino ' s trade dress was infringing. [9] Wolfson subsequently granted summary judgment in Tetris Holding's favor, [ 15 ] and entered an injunction that permanently prohibited Xio from distributing or marketing their game.
The United States is the main importer of textile goods from Sri Lanka, accounting for 76% of total exports from Sri Lanka. As of 2009, Sri Lanka ranked 12th among apparel exporters to the United States in terms of value. [15] Sri Lanka's partnership was advanced in 2000 in part by setting up logistics centres at key US ports to smooth the ...
However, both copyright and patent infringement are possible without an associated trademark infringement, and both may result in loss of revenue and of brand equity. Eliminating diversion, gray market , or product theft and resale, are generally considered as well as part of a brand protection strategy, even though an intellectual property may ...