Professional Documents
Culture Documents
ch07 - Business Law
ch07 - Business Law
ch07 - Business Law
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Trade Dress Service Mark
Refers to the image and overall Similar to trademark but used to
appearance of the product. distinguish services of one
Same protection as trademark. person/company from another.
Issue is consumer confusion. Titles and character names used in media
Example: distinctive décor, product names, are frequently registered as service
packaging of Starbucks coffee shops. marks.
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Case 7.1: Coca Cola v. Koke Co. Case 7.1: Coca Cola v. Koke Co.
(Trademark Infringement) (Trademark Infringement)
FACTS: HELD:
AOL sued AT&T alleging that AT&T’s use of the “(1) competitors’ use of the mark, (2) plaintiff’s use
phrase “you’ve got mail” was trademark of the mark, (3) dictionary definitions, (4) media
infringement of the phrase, which AOL claimed to usage, (5) testimony of persons in the trade,” and
own.
dismissed a sixth type—“consumer surveys”—as
AT&T filed a motion for summary judgment, indicating secondary meaning, which would not
asking the court to rule that the term was generic.
entitle a generic term to protection. The court
HELD: FOR AT&T. MOTION GRANTED. concluded that “mail” means “e-mail” and that
The term is generic and therefore cannot be “you” and “have” do not change the generic nature
owned by AOL. The court applied the “primary of the term.
significance test,” reviewing five types of evidence
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Case 7.4: A&M Records v. Napster Case 7.4: A&M Records v. Napster
(Copyright Infringement) (Copyright Infringement)