'Inherently distinctive' gains new clarification

Article Abstract:

The 2nd US Circuit Court of Appeals sought in its recent ruling in Knitwaves, Inc. v Lollytogs Ltd. to clarify the protections brought by a product's trade dress. The controversy arose in part from that court's decision in Paddington Corp. v Attiki Importers & Distributors Inc., which in this case it declined to follow on the grounds that Paddington involved packaging whereas Knitwaves concerned a product's features. It used the reasoning set forth in Duraco Products v Joy Plastic Enterprises Ltd., but not that ruling's three-part test.

Knitting Mills, Knit Goods, Apparel Knitting Mills, Industrial design

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Cases suggest iMacs' trade dress merits protection; the recognizable shape, colors and translucency will likely be found inherently distinctive

Article Abstract:

Suits by the Apple Corp against corporations it claims to have misappropriated the Apple iMac trade dress are discussed. The iMac has been widely sold and has won many design awards, and Apple has filed such suits against corporations including Future Power Inc, eMachines Inc, and Sotec Co.

Apple iMac (PowerPC-based system)

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Boundaries of trade dress may soon be realigned; case argued before high court this term could go well beyond 'Wal-Mart' in limiting scope

Article Abstract:

The Supreme Court's tightening of the standard for trade dress protection in Wal-Mart Stores v. Samara Bros. and Traffix Devices, Inc. v. Marketing Displays, Inc., a pending case further limiting the eligibility of product configuarations for trademark protection, are discussed.

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