Goldfish cracker case upholds emerging claim; the 2d Circuit affirmed an injunction based solely on trade dress dilution, not confusion
Article Abstract:
The article discusses the US Court of Appeals ruling in Nabisco, Inc. v. PF Brands, Inc. which highlighted the emerging cause of action of trade dress dilution. This cause of action provides trade mark owners with a remedy from challenges not adequately addressed by either trade dress infringement or dilution claims standing alone.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Held up by 'TrafFix;' claiming trade dress for a feature covered by an expired utility patent just got harder
Article Abstract:
Reasons for the difficulty of extending the 20-year protection of a utility patent claim through trade dress after the Supreme Court's Mar 20, 2001 ruling in TrafFix Devices, Inc. v. Marketing Designs, Inc. are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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