Copyrights and Trade Dress Are Not Mutually Exclusive

That copying must be proven to establish copyright infringement and may be relevant to the analysis of secondary meaning to prove trade dress ...

Lanham Act Liability May Apply to Copyrighted Material - ip update

... not mutually exclusive and that liability under the Copyright Act does not negate trade dress damages under the Lanham Act. Jason Scott ...

... Copyright Act and the Lanham Act are not mutually exclusive and that liability under the former does not negate trade dress damages under the ...

Paying damages under both copyright and trademark laws

To the chagrin of the infringer, the copying provided the basis, not only for copyright infringement damages, but also for trade dress infringement damages that ...

Trade Dress Protection and The Confusion with Design Patents Part ...

evidence that a plaintiffs trade dress is not functional" and that a ... Patents and Trade Dress Protection: Are They Mutually Exclusive?, 87 J. Pat ...

Trade Dress Under the Law | Intellectual Property Law Center | Justia

Trade dress must be both distinctive and non-functional. Most trade dress is protected without registration. Trade dress that is not inherently ...

Trade Dress Protection and The Confusion with Design Patents Part ...

The term Trade dress describes the distinctive, visual, non-functional, ornamental appearance of a product or packaging which may be afforded legal protection ...

A Fight Over Trade Dress Can Be a Mess, But a Necessary One to ...

Under the law, the subject “trade dress” must be: 1) used in commerce; 2) non-functional; and 3) distinctive. The dictionary meaning of “ ...

Trade Dress: A Comprehensive Exploration of Intellectual Property

The primary focus is on non-functional, distinctive elements. II. Legal Framework for Trade Dress. Lanham Act and Trade Dress: The Lanham Act, the primary ...

Trade Dress: The Forgotten Trademark Right - Corporate Counsel

The costs associated with overcoming these rejections, by proving secondary meaning (for a principal register registration) and non-functionality (typically by ...

Patents, Trademarks, Design Patents, Trade Dress, or Copyrights ...

Patents are an instrument covering an invention for a limited period (generally 14 to 20 years) in which the inventor may exclusively make, sell, or use a ...

The Constitution Commandeth: Thou Shalt Not Protect the Same ...

Shirk, Design Patents and Trade Dress Protection: Are the Two Mutually. Exclusive?, IPO Annual Meeting (Sept. 2016). 377. Id. at 9 (emphasis in the original) ...

Trade Dress as a form of Intellectual Property - IP Matters

Non-functionality is an added requirement under the American trademark law. In the past, functionality has been considered in two aspects: De ...

Understanding the importance of Trade Dress Protection for your ...

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging · Trade dress is a type ...

Yin and Yang: Design Patents and Trade Dress Rights - Finnegan

... patents or trade dress. Despite some popular misconceptions, these options are not mutually exclusive—in fact they can be complementary. But ...

Trade Dress Infringement | Examples, Elements, Damages, Cases

... not protected by copyright law. Mobile phone applications (“apps”) can also be protected trade dress. A plaintiff seeking to enforce trade dress rights in ...

What Is Trade Dress? | Tauler Smith LLP

The trade dress must be inherently distinctive, or it must have a secondary meaning. The trade dress must be non-functional. What Does “ ...

The Rational Limits of Trade Dress Protection - Scholarship Repository

tion granting to Congress the power to issue copyrights does not provide that such power shall vest exclusively in the Federal. Government. Nor does the ...

Why Might a Trade Dress Application Be Refused | New York ...

There are several reasons why trade dress may not be able to register at the ... Evidence of five years of continuous use and exclusive use of trade dress ...

Selecting Website Trade Dress Elements To Survive a Copyright ...

"37. Claims brought under state and federal laws protecting such non-copyrightable ideas and concepts may not be preempted. 38. 1. A Work May Be Unprotected by ...