What happens when I don't sleep

Dec 13, 2006 19:40

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
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