The Supreme Court And Trade Dress A Short Comment PDF Download
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Author | : William P. Kratzke |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : |
ISBN | : |
Download The Supreme Court and Trade Dress - A Short Comment Book in PDF, ePub and Kindle
In the space of nine years, the United States Supreme Court decided four cases concerning trade dress and functionality. The Court broadened the doctrine of functionality - and narrowed trade dress protection for product configuration (not packaging) trade dress. The Court quite correctly concluded that a product configuration, while potentially a source identifier for consumers, is not to be treated as if it were a more ordinary trademark for the simple reason that consumers - the people for whom trademark law exists rather than the competitors who serve them - do not expect such trade dress to serve an identificatory or informational function, i.e., to function as a trademark. An important consequence of this distinction is that inconsistent characteristics of traditional trademarks are not necessarily inconsistent in the context of product configuration. Inherent distinctiveness does not preclude the possibility that a product feature mark might be functional, that its use by competitors might not be likely to confuse consumers, or that its distinctiveness has no identificatory and informational power and so is not a valid trademark. If a product feature is desirable for any reason other than for its identificatory and informational power, it is functional. Non-patented, non-copyrighted, unrecognized product feature trade dress should not put competitors at any disadvantage. According consumers a paramount place in the competitive market economy requires that § 43(a) of the Lanham Act not be a surrogate for patent or copyright protection.
Author | : Dan Davidson |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : |
ISBN | : |
Download Trade Dress Book in PDF, ePub and Kindle
Trade dress represents an often overlooked form of intellectual property. While simply defined as a unique design that identifies the good or service being provided, trade dress has played second fiddle to more identifiable intellectual property assets such as patents, copyrights, and trademarks. Trade dress was essentially dormant for the better part of the 20th century, with renewed interest in it beginning with the 1992 Supreme Court decision in Two Pesos v. Taco Cabana. Its recognition has been further enhanced with some cases since, most notably the Wal-Mart v. Samara Brothers suit, and then the recent Apple v. Samsung litigation. We navigate through these and other landmark cases, explaining how each has helped to shape the current status of trade dress. We conclude by providing some recommendations as to how an entity might ensure that its trade dress is best initially developed, and then subsequently protected.
Author | : Katherine J. Strandburg |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download Rounding the Corner on Trade Dress Book in PDF, ePub and Kindle
Judge Richard Cudahy's dissenting opinion in the 1993 trade dress case, Kohler Co. v. Moen Inc., dealt with the importance of the “right to copy” unpatented designs. This Essay argues that this opinion foreshadowed the Supreme Court's recent shift away from an overly simplistic view of intellectual property as the sole engine of innovation to a renewed understanding of the interplay between property and competition as innovation drivers.
Author | : Graeme B. Dinwoodie |
Publisher | : Aspen Publishing |
Total Pages | : 804 |
Release | : 2024-03-12 |
Genre | : Law |
ISBN | : 1543806775 |
Download Trade Dress and Design Law Book in PDF, ePub and Kindle
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.
Author | : Ralph Sharp Brown |
Publisher | : |
Total Pages | : 500 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
Download Cases on Copyright, Unfair Competition, and Related Topics Bearing on the Protection of Works of Authorship Book in PDF, ePub and Kindle
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Publisher | : |
Total Pages | : 1170 |
Release | : 2004 |
Genre | : Law reviews |
ISBN | : |
Download Florida Law Review Book in PDF, ePub and Kindle
Author | : J. Thomas McCarthy |
Publisher | : Clark Boardman Callaghan |
Total Pages | : 1186 |
Release | : 1996 |
Genre | : Law |
ISBN | : |
Download McCarthy on Trademarks and Unfair Competition Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 1104 |
Release | : 2005 |
Genre | : Intellectual property |
ISBN | : |
Download Marquette Intellectual Property Law Review Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 132 |
Release | : 2013 |
Genre | : Electronic journals |
ISBN | : |
Download Texas Intellectual Property Law Journal Book in PDF, ePub and Kindle
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Total Pages | : 784 |
Release | : 2005 |
Genre | : Law |
ISBN | : |
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