Trade dress can coexist easily with design patent; courts stresss that the two are nonintersecting IP subsets and neither can outweigh the other

Article Abstract:

Reconciling trade dress and patent design protection for products packaging and design is becoming a key concern in intellectual property law, and several courts have ruled that both standards can coexist and neither should outweigh the other. When designing an article, a manufacturer should take care that the functional elements and ornamental features remain sufficiently distinct to retain the benefits of separate modes of intellectual property protection.

Intellectual property, Industrial design

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Trademark law; trade dress

Article Abstract:

The US Patent and Trademark Office's rules for the registration of trade dress are discussed. The requirements are that the trade dress be inherently distinctive or have acquired secondary meaning and that it not be functional.

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Confusion, dilution still the focus of linking cases; in ruling on trademark claims over third-party sites, courts look to business relatedness

Article Abstract:

The standards for trademark rulings on links to third-party Web sites are discussed, and are no tarnishment for dilution claims and business relatedness for trademark claims.

Usage, Cases, Trademark dilution, HTML (Document markup language)

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