Trademark Law (valid for 14 years) Prof. Madison Key concepts from - PowerPoint PPT Presentation

Design patent issued to TCCC, 1915 Trademark Law (valid for 14 years) Prof. Madison Key concepts from Class 4: Legal rules and concepts as tools for problem US trademark registration issued to TCCC, solving. 1960 Mark X for Product (Service) Y. The Abercrombie distinctiveness spectrum. Acquired distinctiveness and secondary meaning for word marks. 1 2 3 4 Do you recognize the design / look of this building as distinctive of a particular source (company, name / brand)? If you go to this place, do you know what to expect in terms of the quality of its products/services? If you are a rival, do you want to / need to copy this design?

Trade dress: the design and/or appearance “Cheddar’s” received a cease of things, including both their features and and desist letter related marketing and advertising. from In ‘n Out. Should trade dress ever be protected via the Lanham Act? In what respects is trademark law the If so, should the Abercrombie distinctiveness right / best solution spectrum be applied to trade dress claims? for In ‘n Out? If so, how? In what respects Do consumers rely on trade dress to should TM law distinguish the source of goods or services? protect Cheddar’s ? Do producers acquire goodwill in trade 1 2 dress? 3 4 Color as trade dress. Qualitex Co. v. Jacobsen Products Co., Inc. (U.S. 1995)

Wal-Mart Stores, Inc. v. Why are these colors distinctive as to source, or not? Samara Brothers, Inc. Ask: Do consumers recognize an X for Y equation? (U.S. 2000) 1 2 Ask: Why does the thing look like that? 3 4 Wal-Mart Stores, Inc. v. Samara Brothers, Inc. (U.S. 2000) Plaintiff Defendant

In re Slokevage (Fed. Cir. 2006): Is LVL XIII Brands, Inc. v. Louis Vuitton the design inherently distinctive? Malletier S.A. (S.D.N.Y. 2016) 1 2 3 4 For footwear. Are the “three stripes” product configuration, product packaging, or something else (“tertium quid”)? What questions do you ask your client? What else do you want to know ?

Is Abercrombie or Seabrook the better test for evaluating distinctiveness of product packaging trade dress? Fun-Damental Too, Ltd. v. Gemmy Industries Corp. (2d Cir. 1997) 1 2 3 4 Is the star design (inherently) distinctive? Amazing Spaces, Inc. v. Metro Mini Storage (Fed. Cir. 2010)

Maker's Mark Distillery, Inc. v. Diageo North America, Inc. (W.D. Ky. 2010; aff’d 6 th Cir. 2012) 1 2 3 4