'Qualitex' makes visible the strategic spectrum; corporate 'color warriors' have various tactics at their disposal
Article Abstract:
Companies should consider the implications of the US Supreme Court ruling in Qualitex v Jacobson Products for their offensive and defensive strategies. With color clearly established as a viable trademark, they may wish to create a pre-emptive strike with a marketing plan designed to link a color with a product or with the entire company, virtually overnight. However, companies should beware of colors already trademarked or extensively used by competitors, and watch for attempts by them to establish a color trademark.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
The 2d Circuit tilled new ground in Deere, expanding the concept of dilution to protect marks and, in the process, sowing the seeds of future tort litigation
Article Abstract:
The decision by the US 2d Circuit Court of Appeals in Deere v MTD Products marked new acceptance of the theory of trademark dilution by finding it can occur without either tarnishing or blurring the initial trademark's meaning. The case involved the defendant's animation of the plaintiff's trademark deer to promote a competing product. Use of a competitor's logo as that competitor uses it is legal, but Deere consciously avoided animating its logo. The 2d Circuit did not extend the injunction beyond NY.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: ABA's 'unqualified' judges doing well; the ABA rating system may come under fire, given the jurists' records. Milken adviser is still fighting '80s battles: Chicago law Prof. Daniel Fischel sues corporations' legal tormentor
- Abstracts: Wireless companies turn to subleases; the structure offers advantages to carriers, such as protection against the bankruptcy of a cell tower
- Abstracts: Criminal justice and the future of civil liberties. Civil culture and criminal justice in the United States. Fraud by home health care workers and the criminal justice response
- Abstracts: 'Little' FTC act claims are some big deal; plaintiffs increasingly are relying on these friendly state consumer protection laws in a widening variety of claims and lawsuits
- Abstracts: Laws protect reservists' civilian jobs; the Kosovo conflict has raised significant issues for employers about military leaves of absence and re-employment rights