Open Access. Powered by Scholars. Published by Universities.®
Advertising and Promotion Management Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Aesthetic-abundance (1)
- Appropriation (1)
- Design features (1)
- Fair use test (1)
- First Amendement (1)
-
- Freedom of speech (1)
- Functional (1)
- Functionality (1)
- Inc. (1)
- Inc. v. Marketing Displays (1)
- Lanham Act (1)
- Likeness (1)
- Mixed character design (1)
- Newsworthiness (1)
- Product design (1)
- Publicity (1)
- Trade dress (1)
- Trade dress law (1)
- Trade dress rights (1)
- Trademark (1)
- TrafFix (1)
- TrafFix Devices (1)
- Two bar mandate (1)
- Useful-scarcity (1)
Articles 1 - 2 of 2
Full-Text Articles in Advertising and Promotion Management
Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.
Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.
Journal of Intellectual Property Law
No abstract provided.
An Alternate Functionality Reality, Harold R. Weinberg
An Alternate Functionality Reality, Harold R. Weinberg
Journal of Intellectual Property Law
The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …