The question:
Trade Dress Trick Question:
Is this laptop shape #distinctive?#trademarks pic.twitter.com/Wj23Sz8kxt
— Ed Timberlake (@TimberlakeLaw) August 25, 2016
(Remember non-professionals: “Distinctiveness” is the core of a trademark’s existence. It is identical to secondary meaning. Without it, you don’t have a trademark, because what you think you have is either descriptive — and it hasn’t “acquired distinctiveness” — or is generic, and it can never be distinctive, i.e., it can never be a trademark.)
What?! Outrageous?! What will “they” try “to trademark” next?
Right?
The answer:
Trade Dress Answer:
Yes; laptop shape distinctive for
printed promotional materials kit https://t.co/VfUHVdI2Ox pic.twitter.com/gzeaz80udA— Ed Timberlake (@TimberlakeLaw) August 25, 2016
Of course. Outrageously obvious. Notwithstanding that some of us get into “a mode” and miss the obvious, obvious it is.
If you’re not a trademark pro and you’re still not following, let’s consider Ed’s brilliant example in one-dimensional terms, i.e., in the case of a “word mark.” Can you obtain trademark rights for the word “salami”?
That sounds awful, doesn’t it? Can someone really “steal a word from the English language” like that?
No, of course not — not if they claim rights in the word “salami” for salamis.
But for machine parts?
No problem!
That’s why all sorts of plain old words are trademarks — just not for the things they sound like. Thus:
- BELL — For bells; never. But: Registration No. 4994811 for flavoring; Reg. No. 4917844 for lamps; Reg. No. 4556721 for helicopters
- SLANT — For slanted things, never. But: Registration No. 3967129 for lighters; Reg. No. 3437230 for servingwear; Reg. No. 1473941 for tweezers
- BALL — For balls, never. But: Registration No. 4964015 for manufacturing containers; Reg. No. 4854086 for leather goods; Reg. No. 4784764 for potting soil
Basic stuff, but that’s what we’re here for.
Originally posted 2016-08-25 12:34:36. Republished by Blog Post Promoter
And thank you for the continuing education. I like these examples (much like the classic example, Apple).