- The Rational Limits of Trade Dress Protection🔍
- Copying in the Shadow of the Constitution🔍
- Limitations In Seeking Trade Dress With Patent Protection🔍
- The Rational Limits of Trademark Law 🔍
- The Rational Basis of Trademark Protection Revisited🔍
- Aesthetic Funtionality Doctrine and the Law of Trade|Dress Protection🔍
- Trade Dress Infringement🔍
- trade dress protection and the problem of distinctiveness🔍
The Rational Limits of Trade Dress Protection
The Rational Limits of Trade Dress Protection - Scholarship Repository
Part I of this Article explores the principles governing trade dress protection under the common law and the Lanham Act. This Part includes a critical ...
Copying in the Shadow of the Constitution - Scholarship Repository
Davis, Theodore H. Jr., "Copying in the Shadow of the Constitution: The Rational Limits of Trade Dress Protection" (1996). Minnesota Law Review. 2408.
Limitations In Seeking Trade Dress With Patent Protection
In the U.S., trade dress protection — the look and feel of a product or packaging — is unavailable for designs that are entirely dictated by ...
The Rational Limits of Trademark Law (plus 2005 postscript)
See also Jay Dratler, Jr., Trade Dress. Protection For Product Configurations: Is There a Conflict with Patent Policy?, 24 AM. INTELL. PROP. L. ASS'N Q.J. 427, ...
The Rational Basis of Trademark Protection Revisited - CORE
sion: The Rational Limits of Trademark Protection ... 3d at 35 (noting that "[a] primary pur- pose of trade dress or trademark protection is to protect that which ...
Aesthetic Funtionality Doctrine and the Law of Trade-Dress Protection
However, the courts have held that the "functional" fea- tures on a product can never be protected under trade-dress law. 2. 1 The Supreme Court defines "trade ...
Trade Dress Infringement | UpCounsel 2024
... trade dress protection, even if that trade dress is nonfunctional. ... Courts can also just limit the use of trade dress through an injunction.
trade dress protection and the problem of distinctiveness
Trade dress seems to be an area in particular need of this refocus as the debate over protection continues. Copyright © 2002 The John Marshall Law School. Cite ...
The Rational Basis of Trademark Protection Revisited - Fordham Law
sion: The Rational Limits of Trademark Protection, 83 TRADEMARK REP. ... (noting that “[a] primary purpose of trade dress or trademark protection ...
Supreme Court of the United States
be no trade dress protection, because most trade dress designs ... within limits, courts frequently consider the availability of ...
In the context of trade dress, functionality limits the protection of a certain features so that competitors can effectively compete to produce the same ...
Virtual Trade Dress: A Very Real Problem - Tom W. Bell
... trade dress by giving trade dress protection to the actual products that consumers valued. ... Intrinsic Limits on Virtual Trade Dress. —Despite the risks ...
Trade Dress Under the Law | Intellectual Property Law Center | Justia
... trade dress protection. Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows ...
Famous Trademarks and the Rational Basis for Protecting "Irrational ...
Moskin, Dilution Law: At a Crossroad? Dilution or Delusion: The Rational Limits of trademark ... Burberry's famous trade dress or a Cartier watch would cer-.
Trademark basics - UH Law Center
If trade dress protection is sought for those features the strong evidence of functionality based on the previous patent adds great weight to the statutory ...
Toward a More Coherent Doctrine of Trademark Genericism and ...
to limit protection of trade dress when a prohibition on copying it would ... The Rational Limits of Trade Dress Protection, 80 MINN. L. REV. 595, 622 ...
US High Court Decides Pivotal Trade Dress Case - FindLaw
By raising the level of proof required to qualify for protection of product design trade dress, Wal-Mart will make it more difficult and expensive to prevent ...
Trade Dress: Who Should Bear the Burden of Proving or Disproving ...
2d at 76 (purpose of Lanham Act is to protect con- sumer from confusion); Jessica Litman, Note, The Problem of Functional Features: Trade Dress Infringement ...
TrafFix Devices, Inc. v. Marketing Displays, Inc. - Berkeley Law
1309, 1323-30 (1998); Theodore H. Davis, Copying in the Shadow of the Constitution: The Rational Limits of Trade Dress Protection, 80 MINN. L. REV. 595, 596 ...
Dinwoodie, The Rational Limits of Trademark Law, 6 INT'L ... themes outside the purview of trade dress protection ... secondary meaning for service dress would ...