Mainstreaming Trade Press Law: The Rise and Fall of Secondary Meaning

Authors

Craig Allen Nard, Case Western University School of LawFollow

Abstract

This Article attempts to answer these questions and argues that in view of the common underlying policies of trade dress and trademark law, and in the interest of mainstreaming trade dress law into that of trademark law, proof of secondary meaning should not be required where a trade dress is found to be inherently distinctive. Further, this Article takes the position that despite a finding of no secondary meaning, a trade dress may nevertheless assume inherently distinctive status. Indeed, the mainstreaming of trade dress law may foment the competitive process and lead to more consistent and equitable holdings by the courts as well as more predictable results for trade dress owners.

Keywords

Copyright, Dress Law, Secondary Meaning

Publication Date

1993

Document Type

Article

Place of Original Publication

Detroit College of Law Review

Publication Information

1993 Detroit College of Law Review 37 (1993)

Repository Citation

Nard, Craig Allen, "Mainstreaming Trade Press Law: The Rise and Fall of Secondary Meaning" (1993). Faculty Publications. 1133.
https://scholarlycommons.law.case.edu/faculty_publications/1133