I was going over my notes for Trademark Law, and came across the following notes from a day where I had not slept the night before, and probably not the night before that either:
WalMart Storesa, inc samara brothers NC
Some of the desigs werer covered by copyright
Supreme co Cirt reverses and pffered
Can dnvdr never be inehrantly sistinctive
Product’s design cannot be inherently distinctive
In a post WalMary tgled, when we are talking abot trade dress thn the sategoyro trademark
Product packagng can e in herantly dstincitve, fees not accepted.
First step in analyzing the distinctiveness of trade dress
The rule in 2 pesos the rule that trade dress is hiherantly distinctive
First question = why didn’t walmsrt overfulet aaeion
Two pesos wac packaging, court says this is not
Court says it si still closer to Packaging thuhus the squaliti yf g
Qualitex rule - in order to be protecs
Trademark is about identifying source.
Court will not protect packaging unless you can show secondary meaning
How can we tell if something is inhertanlcu indistinctive/
Tests:Abercrombie
seabrook