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27 Aug 2012, 7:16 am
A.V.E.L.A. and The Re-Emergence of Aesthetic Functionality in Trademark Merchandising Cases By: Tracy Reilly This article analyzes the original Ninth Circuit opinion in Fleisher Studios, Inc. v. [read post]
29 Nov 2021, 9:37 am
Victoria Shroff, Canadian Animal Laws (Toronto: LexisNexis Canada Inc., 2021). [read post]
7 Oct 2019, 6:30 am
Feyonce, Inc., 16-CV-2532 (AJN). [read post]
27 May 2021, 7:09 am
Instead, the focus of the dispute centered on whether the specific appearance of Proof Research’s carbon fiber composite barrels is functional as a natural by-product of the manufacturing process or whether it is the result of aesthetic efforts to create a trade dress consumers associate with Proof Research. [read post]
18 Feb 2008, 8:33 am
adidas America, Inc. v. [read post]
5 Sep 2012, 9:29 am
Holding, Inc. [read post]
16 Mar 2018, 11:39 pm
The spiritual factor of our tradition, equal opportunity and free association and intercommunication, is obscured and crowded out. [read post]
4 May 2015, 4:26 am
Farmgirl Flowers, Inc. v. [read post]
20 Jul 2023, 4:00 am
The hands and dial of a watch are undoubtedly useful, but their aesthetic qualities are trade dress. [read post]
27 Dec 2018, 4:02 am
Wal-Mart Stores Inc. v. [read post]
29 Jun 2020, 12:31 pm
Blumenthal Distributing, Inc. v. [read post]
6 Jan 2015, 6:00 am
In re Pharmatrak, Inc. [read post]
13 Mar 2017, 5:46 am
FIMCO Inc., No. 15-CV-105 (W.D. [read post]
17 Apr 2011, 6:41 pm
Yves Saint Laurent America, Inc., No. 11-2381 (S.D.N.Y.). [read post]
27 Jun 2014, 5:09 am
Test Masters Educational Services, Inc. v. [read post]
17 Feb 2012, 2:23 am
The advice-of-counsel defense to a fraud claim came to the fore in MCI Foods, Inc. v. [read post]
18 Jun 2015, 10:50 am
IMS Health Inc. (2011), another content discrimination case, which dealt with restrictions on the distribution of information about doctors’ prescription practices). [read post]
21 Mar 2014, 8:43 am
Varsity Brands, Inc. v. [read post]
12 Feb 2016, 11:11 am
The case is Kendall Jenner Inc. v. [read post]
23 Sep 2007, 7:44 pm
However, aesthetic functionality alone will not create functionality. [read post]
