High court considers trade dress issues
Article Abstract:
Giving trademark protection to restaurant decor is the leading issue in current trade dress law. Federal courts have recognized it for the last 40 years. Before trade dress becomes a trademark, courts usually require evidence that consumers associate the trade dress of a product or service with one commercial source. This is known as 'secondary meaning.' The courts have also held that only non-functional restaurant decor can be protected. In the case of Taco Cabana Inc v Two Pesos Inc, currently on appeal before the Supreme Court, the 5th Circuit ruled that Two Pesos infringed on Taco Cabana's trademark, its restaurant decor.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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U.S. lawyers confront Russian software
Article Abstract:
Western lawyers seeking to do business with the former Soviet Union need to be aware of the differences between pre- and post-1992 software protection law. Software was state-owned under the old regime, meaning the state did not need to compensate authors to acquire ownership and authors had to license their software to state organizations. Copyright law did not explicitly protect computer programs, and the infringement of foreign software which resulted is still a problem. In 1992, a software protection law and a general copyright law were passed. Western firms should have an easier time establishing their rights.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Legality of 'interim copying' is disputed
Article Abstract:
The US District Court for the Northern District of California decided in Sega Enterprises Ltd v Accolade Inc that making interim copies constitutes copyright infringement. A video game manufacturer was enjoined from marketing a game similar to the plaintiff's video game because the manufacturer had made interim copies while analyzing the plaintiff's software in the process of designing its own game. The decision was based solely on the making of interim copies, as the end products were dissimilar. Critics fear the decision will make competition in the software industry much harder.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
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