Week 6 Trademarks; Conclusion of Course

Week 6 Trademarks; Conclusion of Course - Trade dress Trade...

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Trade dress Trade dress : similar to trademark; the appearance of something become associated with the source of the product (total image may include size, shape, color, texture, graphics) not limited to product (coca cola bottle), can include business (restaurant McDonald, iHop) secondary meaning : mind of relevant consumer the trade dress has become a source identifier or has acquired distinctiveness as opposed to being a mere a description of the product A symbol/term acquires a secondary meaning when it has been used in such a way that its primary significance in the minds of the prospective purchasers is not the product/service itself, but the identification of the product/service with a single source. Limitation of trade dress : does not protect features that are functional Trademark infringement and dilution; false designation Basis for finding trademark infringement: 1. use in commerce any reproduction, counterfeit, copy, or initiation of a registered mark in connection with the sale, distribution, advertising, of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive 2. reproduce, counterfeit, copy, or imitate registered mark and apply such reproduction to signs, labels, prints, packages, wrappers, receptacles, or ads intended to be used in commerce upon or in connection with the sale, offering for sale,
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Week 6 Trademarks; Conclusion of Course - Trade dress Trade...

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