Trade dress can coexist easily with design patent; courts stresss that the two are nonintersecting IP subsets and neither can outweigh the other
Article Abstract:
Reconciling trade dress and patent design protection for products packaging and design is becoming a key concern in intellectual property law, and several courts have ruled that both standards can coexist and neither should outweigh the other. When designing an article, a manufacturer should take care that the functional elements and ornamental features remain sufficiently distinct to retain the benefits of separate modes of intellectual property protection.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Trademark law; trade dress
Article Abstract:
The US Patent and Trademark Office's rules for the registration of trade dress are discussed. The requirements are that the trade dress be inherently distinctive or have acquired secondary meaning and that it not be functional.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Confusion, dilution still the focus of linking cases; in ruling on trademark claims over third-party sites, courts look to business relatedness
Article Abstract:
The standards for trademark rulings on links to third-party Web sites are discussed, and are no tarnishment for dilution claims and business relatedness for trademark claims.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Insurance may cover lawsuits over patents; courts are split on whether insurers have a duty to defend. No suit means no duty to defend or indemnify; California courts use literalist apporach to determine whether insurer's obligation kicks in
- Abstracts: They blinded me with science! Lawyers are often accused of playing fast and loose with scientific evidence. Have they gotten a bum rap?
- Abstracts: No: the remedy lies in state court. Yes: it's time to declare war on spouse abuse. No: grandstanding does not offer a solution
- Abstracts: Del Monte Dunes v. City of Monterey: will the Supreme Court stretch the takings clause beyond the breaking point?
- Abstracts: Whither deregulation: a look at the portents. Protecting privacy from technological intrusions