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To: presidio9

I would have to think some enterprising attorneys could make a case for copyright or trade dress infringement if those in fact are the actual covers.


15 posted on 10/24/2009 2:41:26 PM PDT by Kandy Atz ("Were we directed from Washington when to sow and when to reap, we should soon want for bread.")
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To: Kandy Atz
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual property.

Under section 43(a) of the Lanham Act ... “Any person who . . . in connection with any goods or services . . . uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which . . . is likely to cause confusion, or to cause mistake, or to deceive . . . as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or . . . in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such an act.”

This statute allows the owner of a particular trade dress to sue an infringer (a person/entity who illegally copies that trade dress) for violating section 43(a) without registering that trade dress with any formal agency or system (unlike the registration and application requirements for enforcing other forms of intellectual property, such as patents). It is commonly seen as providing “federal common law” protection for trade dress (and trademarks). Above from Wikipedia.

20 posted on 10/24/2009 2:50:39 PM PDT by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: Kandy Atz

They also showed that cover on Fox News. Geez, if The North Face can sue the college kid for inventing The South Butt, one would think there might be a case here.


28 posted on 10/24/2009 3:00:46 PM PDT by GnuHere
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