MARKS must be: DISTINCTIVE and NON-FUNCTIONAL DISTINCTIVE NON-FUNCTIONAL To be protected or to be registered, the mark must be distinctive, either inherently or via acquired distinctiveness. POLICY: Allowing competitors to use terms that describe their goods; ensuring the network value of language and standards. INHERENTLY DISTINCTIVE – registrable/protectable upon use: Fanciful (KODAK for cameras) Arbitrary […]
Review the materials in the casebook, and carefully read 15 U.S.C. 1052 (Section 2 of the Lanham Act). Using Section 2, what objections might the United States Patent and Trademark Office make to this application? What arguments might the applicant make in response? How would you rule and why? Last updated Jan. 28, 2015
Earl of Sandwich: “THE WORLD’S GREATEST HOT SANDWICH” Sign at Ft. Lauderdale airport, similar to sign at issue in TrafFix case. Is a Coke bottle trade dress packaging, trade dress design, or […]
TYPED MARK COCA-COLA NIKE COMPARE TRADE NAME DESIGNS (logos) DESIGN WITHOUT WORDS (logo) SOUND Example here. More here. COLOR Qualitex file jacket Qualitex specimen Fiberglass file jacket Fiberglass specimen Owens Corning SMELL Reg. 3143735; Specimen here. LIGHT File jacket Specimen PRODUCT PACKAGING TRADE DRESS PRODUCT DESIGN TRADE DRESS Humvee v. Avanti TRADE […]
