GOODTMClass23NN - 1 IP Law Survey: Trademarks Fall 2009...

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Unformatted text preview: 1 IP Law Survey: Trademarks Fall 2009 Trademark Law Lesson 3 Prof. Loren 2 REMINDERS Class evaluations Thursday Also Thursday: exam discussion Memo #3 available outside my office beginning at 5pm tomorrow (Weds. 11/18) Memo #4 assignment available on the class website at 5pm tomorrow (Weds. 11/18) 3 Hierarchy of Distinctiveness Inherent Distinctiveness Word marks: Fanciful, arbitrary, or suggestive Trade dress: Product packaging, restaurant dcor Acquired Distinctiveness Word marks: Descriptive Trade dress: Product color Trade dress: Product design (err in favor of design category) No protection Word marks: Generic Words Trade Dress: Functional Leftover from last week: functionality Importance of functionality in determining what types of trade dress is protectable: Polices the boundary between patent law and trademark law No back-door patents Non-reputation related aspects of a product, i.e. not related to good-will, but to design 4 5 Functionality bar Inwood Labs. (U.S. 1982) In general terms, a product feature is functional if it is essential to the use or purpose of the article or if it affects the cost or quality of...
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GOODTMClass23NN - 1 IP Law Survey: Trademarks Fall 2009...

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