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Article: Imitators beware!: Federal trademark law protects distinctive trade dress
- Article from:
- Food & Drug Packaging
- Article date:
- October 1, 1992
CopyrightCOPYRIGHT 1992 Stagnito Communications. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Companies trying to protect their packaging designs from imitators will have an easier legal 'row to hoe,' thanks to a recent Supreme Court decision on trade dress.
BY LYNN DENSFORD
WASHINGTON - In an important decision for packagers, the Supreme Court has stated that companies which accuse competitors of copying their trade dress need not meet a double burden of proof under federal law.
The Supreme Court case, Two Pesos, Inc. v. Taco Cabana deals specifically with restaurant trade dress, or corporate image, as created by the company's architecture and decor. However, since trade dress encompasses packaging design, the court's decision has broader - ...