If Looks Could Kill … Your Wireless Siting Application
I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more
Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a...more
The aesthetic-functionality doctrine is a concept in trademark law that can preclude trademark protection for elements of trade dress deemed to be aesthetically pleasing; the doctrine can come into play when a trade dress...more
Betty Boop, the cartoon character created by Max Fleischer in 1930, has always been associated with the trappings of Valentine’s Day. She is frequently depicted on merchandise alongside symbols of love, especially the heart...more
In This Issue: Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage Industry. ...more
Diageo, the world’s largest producer of spirits, has recently found itself in several significant trademark disputes regarding a number of the company’s spirit lines. In a case decided in May 2012 Maker’s Mark brought suit...more
In This Issue: • The Power Shifts Back to Kelly-Brown • The Color Black Is Aesthetically Functional for Floral Boxes • Louboutin’s Red Soled Shoes Keep Marching On • Multiple Fashion Retailers Can Enjoy Use...more